<p>AYEBI, JA:</p><p>1. The sole issue for resolution in this appeal is whether or not trial judge conducted the trial in accordance with the provisions of Rule 1 of Order 36 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) on “Proceedings at the Trial”. That rule is headed “Failure to attend at trial”. The rule provides:</p><p><em>“Subrule (1): where an action is called for trial and all the parties fail to attend, the trial judge may strike the action off the trial list.</em></p><p><em>(2): Where an action is called for trial and a party fails to attend, the trial judge may </em></p><p><em>(a) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim if any, and allow the plaintiff to prove the claim,</em></p><p><em>(b) where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the defendant to prove the counterclaim, if any, or</em></p><p><em>(c) make such other order as is just”.</em></p><p>2. In view of the fact that the issue to be resolved is procedural rather than factual, the gist of the facts of the …</p>