On 7 April, 2022 after the attorney for 3 defendants was discharged from the witness box and counsel for the 3 defendants announced the closure of 3 defendant’s case, the court ordered counsel to file their written addresses within 21 days. Counsel for the Plaintiff has complied with the order of the court to file his written address but Counsel for the 3 defendants has not done so. Meanwhile, the case has been fixed for judgment on 20 October, 2022.
Counsel has rather filed a Motion on Notice on behalf of 3 Defendant’s attorney/Applicant for leave to file and recall her (attorney) to tender the full complement of the Power of Attorney (Exhibit 1) with its annexures. According to Applicant, the application is grounded under sections 68 and 79 of the Evidence Act, 1975 (NRCD 323) as well as Orders 36(5) and 19 of the High Court (Civil Procedure) Rules, 2004 (CI 47). The application is supported by a nine paragraph affidavit which set out the factual basis for it. Co…