JUDGMENT
BAFFOUR J.A:
INTRODUCTION
We have been called upon in this appeal to determine the propriety of the invocation by the court below of the exercise of its powers conferred by Order 33 Rule 5 of the High Court (Civil Procedure) Rules, C. I. 47. The said rule states as follows:
“Where it appears to the Court that the decision of any question or issue arising in any cause or matter and tried separately from the main cause or matter substantially disposes of the cause or matter or renders trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just”.
That the ambit and scope for the invocation of Order 33 rule 5 is at the heart of this appeal cannot be denied. As to whether or not when a court expert has testified based on an assignment given to him, the court just out of the blue can rule to strike a technical blow by ending the suit abruptly because the court thinks a party’s case is not sustainable and…