J. A. Sijuade V. G. A. Tijani (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Practice and Procedure—Pleadings—Time for delivery of defence—Application for more time-—Principles on which it is granted.

Facts

Under the order made for pleadings the defence ought to have been delivered by a certain date but was not. The defendant applied for more time on an affidavit that he had been ill and unable to give instructions for his defence, but did not say what his defence was or whether he was advised that he had a good defence.

When his motion came up, his counsel stated that the defence was ready, but the Judge thought that the defendant if ill could have asked his solicitor to see him, and dismissed the motion.

The Judge gave leave to appeal on terms, which the defendant fulfilled; one was to pay into Court the amount of the claim. In the appeal counsel for the defendant stated that there was a good defence and asked for leave to file a better affidavit; leave was given; a better affidavit was filed. In the Court below judgment had not been entered against the defendant.

Held

A satisfactory affidavit having been filed to show that the defendant ought to be allowed to have the dispute determined upon the merits, as judgment against him had not been entered, he would be given more time for filing his defence so as to have a trial on the merits.

Order: That part of the order of Abbott, J., dated 17th day of March, 1954, refusing the defendant an extension of time within which to file his statement of defence is hereby amended, and the defendant is granted fourteen days from the 26th day of October, 1954, within which to file his defence. We make no order as to costs of this appeal.

Time for filing defence extended.