G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The point raised in this appeal is not only novel but is also of great importance for it involves a matter of procedure which seldom arises but on which the law is recondite. The claims concerned in the appeal are rather small and indeed are of very little significance. We do not propose to consider those claims in this judgment as they are irrelevant and in any case in view of the turn which the hearing had taken, the learned trial judge who was trying the case had not made any final pronouncement on these claims.
The plaintiff had sued the defendants herein for possession of premises situate at No. 143, Nnamdi Azikiwe Street in Lagos. The defendants had resisted the claim for possession and by leave of court one of them had made a counter-claim against the plaintiff. Both sides duly filed and delivered their pleadings and it appears that at some stage of the proceedings the plaintiff's case was struck out by the learned trial…