A CAUSE IN RELATION TO CIVIL PROCEEDINGS

• Date: 07 September 2019

"It is clear that at the lower Court, the plaintiff asked for an adjournment to enable him re-adjust himself. What was handed down by the Court below was "the suit is struck out, application for adjournment is refused. The Court cannot be taken to unnecessary length in this suit." This suit was struck out and nothing more. The question is can the lower Court refuse to re-list a suit it struck out without a hearing and therefore not on the merit? The answer is found in the words of Order 24 rule 16 of that State High Court Rules which reads "any cause or matter struck out may, by leave of Court, be re-listed. The definition section of the said High Court Rules (Order 2) defines cause to mean "A civil action in the original proceeding" and, matter to mean "an action other than a cause." Before the Judicature Acts of 1873- 75, "Cause" was the generic term for ordinary civil proceedings whether...