COKER, J.S.C. (Delivering the Leading Judgment): The appellant before us was the defendant in an action instituted against him in the High Court, Lagos, by the respondent (as plaintiff) whose writ was endorsed for claims for account in respect of properties known as 3, Jagun Lane and 91, Victoria, now Nnamdi Azikiwe Street, Lagos. Pursuant to an order of court the plaintiff filed a statement of claim on the 30th April, 1969. Before the time ordered for the filing of the statement of defence and indeed on the 6th June, 1969, learned counsel on behalf of the defendant filed a motion pursuant to the provisions of order 28 of the Supreme Court (Civil Procedure) Rules which are the rules applicable in the Lagos High Court asking for an order "that this suit be dismissed without any answer upon questions of fact being required from the defendant".
The motion came up for argument before Adedipe, J. and counsel on both sides addressed the court at length referring to a number of authorities …