“Order 44 of the Supreme Court (Civil Procedure) Rules deals with the discontinuance of suits. Rule 1(1) gives the plaintiff an unconditional right to discontinue at any time before the date fixed for hearing and provides that such discontinuance or withdrawal shall not be a defence to any subsequent suit. Rule 1(2), under which the…

“… At that stage the sole question was whether if a plaintiff is not present in person, but has instructed a legal practitioner who is present in person, the plaintiff has “appeared” within the meaning of Order 26, Rule 6. We have no doubt that the answer must be Yes. Order 2, Rule 6, 9…

“The Court accepts this argument as correct. In Loutfi etc. no formal amendment was submitted until after both Counsel had addressed the court. Sellers J. said (at p. 824 of the report)- “I should allow that amendment because it is simply setting out in the pleadings that which has emerged in the course of the…

“We cannot subscribe to the view that a Court of trial should adjourn the hearing at the instance of any party (be it the accused or the prosecution) when it is manifest that the application for such adjournment was made only for the purpose of delaying the proceedings.” Per GEORGE BAPTIST AYODOLA COKER, JSC in…

” The pleading of counsel for a party is binding on the party in the suit in which it is delivered for the purposes of that suit, and serves to reduce the evidence which need be called on the facts in issue, and thus reduce the costs in the case; and the formal admissions which…

“Where fraud has not been pleaded, it is well settled that neither party may invite the court to find it proved, and there are even stronger objections to the court’s doing so uninvited.” Per LIONEL BRETT, JSC in USEN V. BANK OF WEST AFRICA LTD (1965) LCER-346(SC) (Pp 5 – 5 Paras D – E)