ANIAGOLU, J.S.C. (Delivering the Leading Judgment): In this interlocutory appeal, the dispute is as to which of the parties, in the consolidated suit, will begin, in the trial of the suit. The Respondents - the African Continental Bank Ltd., hereinafter simply referred to as the Bank - contended, in support of the Ruling of the trial Judge, that on the state of the pleadings, the onus to begin was on the Plaintiff/Appellant, hereinafter called the Appellant. Upon a superficial appraisal of the matter in issue one might be tempted to regard the whole thing as a storm in a tea pot, but on a deeper assessment of the implications of the issue at stake, one, undoubtedly, will see that although the procedural issue is simple, yet the implications of that issue may have profound effect on the mode of the conduct, by each party, of the case to be put forward by the party.
The background facts behind the issue are that the plaintiff - a customer of the bank - was, and still is, indebted to the…