“…where it is obvious to the Court from the circumstances of the case, or from the material before it, that no further proceedings would help the case, but merely cause unnecessary delay, there is inherent jurisdiction in the Court to refuse an order for pleadings and strike out the claim on submissions made to it.”
Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in ENWEZOR V. ONYEJEKWE (1964) LCER-289(SC) (Pp 8 – 9 Paras F – A)
See Also:
- PLEADINGS: The essence of pleadings
"If that was their defence, they should have pleaded it. The essence of pleadings is to settle issues to be tried and to prevent one party taking the other by surprise.…
- PLEADINGS: Amendment of Court Processes/Pleadings – The essence of amendment of pleadings – Desirability of amendments in the interest of justice and fairness
“the essence of amendment of court processes should be to place before the court all the relevant, material and crucial issues of dispute between the parties submitted to the court…
- PLEADINGS: Duty of court to consider the entire pleadings of a party
“It appears to me that the learned trial Judge misunderstood the case put forward by the 1st Respondent. The trial court chose to focus on paragraphs 23, 25 and other…