GBADEGBE J.A.: We have carefully scrutinized the record of appeal in the matter herein and have come to the view that the appeal succeeds for the following reasons.
In the first place, the court is of the view that it was wrong for the learned trial judge to have had the entire action determined by resort to legal arguments. We are of the view that there were several issues which arose on the pleadings as indeed is borne out by the application for directions filed on the 9th of May 1994. Most of the issues raised in the view of the court were matters that required the reception of evidence. In this regard we refer to issues 1, 2 and 3 as set out in the summons of directions by way of example. Further to this, the court is of the opinion that following the order made at the hearing of the summons for directions on the 12th of May, 1994, if there was any further matter or thing to be done in the action by way of directions, then the correct procedure was for the party who sought such an …