“We would here interpolate a comment on the undesirability of Counsel’s appearing in a professional capacity in a case in which he is a material witness. The principles underlying the rule of practice in this matter are considered by Holden J., in Horn v. Rickard 1963 N.N.L.R. 67 and we agree with the passage in his judgement in which he states the rule as follows- “There would be little harm in Counsel swearing an affidavit setting out formal facts required to be established to support a purely formal ex parte application where there is no possibility of those facts being disputed, but even in such a case there would be little need for Counsel himself to swear the affidavit as some member of his staff could easily depose to the same facts as a matter of information and belief (due heed being paid to Section 87 and Section 88 of the Evidence Ordinance). If on the other hand, Counsel finds himself in the position where he is the only person with the knowledge necessary to swear the affidavit, and where the facts to which he is to swear are likely to be in dispute, then he should for the purposes of that application withdraw from the case and brief other Counsel.”
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