A. A. OKULAJA V. ADAMO ALLI

ADEMOLA, C.J.N. (Delivering the Leading Judgment): This in an appeal from the ruling of Beckley J., at the Ikeja High Court refusing to make an order on a motion by the defendant to stay further proceedings in a case until such time as the plaintiff submit to examination by a doctor appointed by the defendant.

The matter arose from a claim in the High Court of Ikeja Judicial Division for damages in a running down case. The plaintiff had claimed a sum of 4,205,17s 0d pounds for damages suffered in consequence of his being run down by the defendant who, as alleged, drove his car negligently and recklessly. Pleadings had been ordered and filed, though not without delay on the part of the defendant to file his defence which, apart from denial that the defendant was negligent in the manner he drove his car, put the blame for the accident on the negligence of the plaintiff, and averred in paragraph 5 as follows:

"5. The defendant had no knowledge of the injuries suffered by the plaintiff an…