“… 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 and 12 recognises the right of a plaintiff to sue by a solicitor. Order 26 deals with the trial and if the whole of the Order is read there can be no doubt that the rights it gives to one or other of the parties may be exercised on his behalf by a legal practitioner, although this is nowhere expressly stated either in this or any other Order.”
Per LIONEL BRETT, JSC in KEHINDE V. OGUNBUNMI (1967) LCER-433(SC) (P. 6, Paras A – D)
See Also:
- EVIDENCE, PRACTICE AND PROCEDURE - Uncontroverted or unchallenged facts in an affidavit - Need to be taken to be correct, valid and admissible:
"My lords, I took time to cross-check all the further affidavits in support filed by the applicants, I could not locate specific denials on the above facts averred to by…
- EVIDENCE - CONTRADICTION IN EVIDENCE - Conditions to be satisfied before conflict or contradiction in the evidence of prosecution witness can be said to be fatal to its case
"...It has to be reiterated that for inconsistencies in the evidence of witnesses to be fatal, the same must go to the core of the issue and the inconsistencies stated…
- EVIDENCE - CONTRADICTION IN EVIDENCE - Conditions to be satisfied before conflict or contradiction in the evidence of prosecution witness can be said to be fatal to its case
"The position of the law is very clear and variously held by this Court that for contradictions in the evidence of witnesses for the prosecution to affect conviction, they must…