PRACTICE AND PROCEDURE – Appearance or Entering Appearance – Whether a party to a suit must be present in Court even when duly represented by a legal practitioner

“… 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)
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