“Now Order 9, Rule 4(1) reads as follows: “If on the day of hearing both parties appear, the plaint shall be read to the defendant, and the magistrate shall require him to make his answer or defence thereto, and, on such defence or answer being made, the magistrate shall immediately record the same and shall except where the Court considers it necessary to order otherwise, proceed in summary way to hear and determine the cause, without further pleading or formal joinder of issue.”
Per GEORGE BAPTIST AYODOLA COKER, JSC in EBOH V. AKPOTU (1968) LCER-470(SC) (P. 7, Paras A – C)
See Also:
- PRACTICE AND PROCEDURE - HEARING - What hearing entails; when a hearing will be said to have been on the merits
"The word "Hearing" was judicially considered by the Supreme Court in OKOYE & ORS VS NIGERIAN CONSTRUCTION & FURNITURES CO. LTD. & ORS (1991) 6 NWLR (PT.199) 501 AT 522…
- PRACTICE AND PROCEDURE - HEARING - What hearing entails; when a hearing will be said to have been on the merits:
"The word "Hearing" was judicially considered by the Supreme Court in OKOYE & ORS VS NIGERIAN CONSTRUCTION & FURNITURES CO. LTD. & ORS (1991) 6 NWLR (PT.199) 501 AT 522…
- PRACTICE AND PROCEDURE: Declaratory Relief - Duty of the Claimant to lead evidence and succeed on the strength of his case
"With respect, I, entirely, endorse the submission of the learned senior counsel for the first and second respondents that, since the appellant sought for declaratory reliefs, he had an obligation…