UWAIFO, J.C.A. (Delivering the Leading Judgment): When may a conditional leave to defend be given? This appeal raises that main issue. It decides when a trial Judge may, in the exercise of his discretion under Order 11 rule 4 of the High Court of Lagos State (Civil Procedure) Rules 1972, give as a condition for defending an action that the defendant do pay into court the whole (or part) of the amount claimed by the plaintiff. I will here set out the provisions of the said rule as follows:
"Leave to defend may be given unconditionally or subject to such terms as to giving security or time or otherwise as the Judge may think fit."
This rule is similar to the former R.S.C. 1883 Order 14 rule 6, R.S.C. (Rev.) 1962, Order 14 rule 3 and the present R.S.C. 1965 Order 14 rule 4(3) of England. There are English decided cases in which the provisions in question have been interpreted. I have searched in vain for any Nigerian authority in which the rule has been considered. I rather think there …