PWAMANG JSC:-
My Lords, the kernel of this case is in a small compass and it is whether, on the facts, the procedure by which the applicant/respondent/respondent (applicant) sought redress from the High Court was appropriate and whether the Court of Appeal ought to have upheld the arguments of the 1st respondent/appellant/appellant (respondent) and allowed the appeal. Procedural law is a vital integral component of law as a whole. Its remit is the prescription of remedies, the regulation of the means by which persons who are aggrieved may seek redress and the manner in which court proceedings are to be conducted. In respect of certain matters, legal remedies and procedure are provided for insubstantive statute or even in a constitutional text, for example, criminal offences and evidence. But, it is mostly by subsidiary legislation and the settled practices of the courts that the detailed rules of procedure for civil cases are provided for. As a majorraison d’etre of laws in any society…