Facts:

In 2010, the 1st to 11th respondents filed a suit against the appellant at the Federal High Court, Lagos Division. The appellant responded to the suit by filing a preliminary objection. On the day the written addresses on the preliminary objection were to be adopted, counsel for the 1st to 11th respondents failed to show up in court. Consequent upon an application moved by the appellant, the judge struck out the suit on the ground of want of diligent prosecution.
The 1st to 11th respondents thereafter filed a motion for the suit to be relisted. The application was heard and the judge ordered a relisting of the suit and payment of costs by the 1st to 11th respondents. Dissatisfied with the ruling, the appellant filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to overrule the trial court. The appellant alleged that the 1st to 11th respondents failed to satisfy the requirement of the law for relisting a suit earlier struck out for want of diligent prosecution.
The sole issue for determination is whether the learned trial judge properly exercised his discretion by relisting the suit.