ISA AYO SALAMI, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Rhodes-Vivour, J (as he then was) delivered on 26th day of February, 2001 dismissing the plaintiffs application praying for the defendants to lead evidence but ordered that it was the plaintiff and not the defendants who should first open his case.
The plaintiff was unhappy with the decision and feeling aggrieved appealed to this court on three grounds of appeal. In compliance with the provisions of Order 6 of the Court of Appeal Rules, 2002, briefs of argument were duly exchanged and were settled at the appellants, respondents' and appellants' reply briefs.
At the hearing of appeal, learned counsel for plaintiffs (hereinafter referred to as appellants) adopted and placed reliance on the appellants' and appellants reply briefs. On the other hand, learned counsel for defendants (hereinafter referred to as respondents) equally adopted and relied on the respondents' brief of arg…