ISSIFU AYARIGA FATI AYARIGA
V.
MICHAEL PUTO SUGRE
AYEBI, JA:
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:
“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.
(2): Where an action is called for trial and a party fails to attend, the trial judge may
(a) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim if any, and allow the plaintiff to prove the claim,
(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
(c) make such other order as is just”.
2. In view of the fact that the issue to be resolved is procedural rather than factual, the gist of the facts of the …