PRACTICE AND PROCEDURE – Hearing – Statutory provision on the procedure for hearing a plaint before a Magistrate

“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)
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