LEGAL PRINCIPLE: CIVIL PROCEDURE — Trial Procedure — Plaintiff Must Formally Close Case Before Defence Is Called Upon to Open
PRINCIPLE STATEMENT
The proper procedure in a trial requires that he who alleges as the plaintiff must be permitted to close his case before the defendant is required to begin.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 12; Paras C–D.
"It does seem from the decisions of this court to which I will presently refer to, that the proper procedure in a trial requires that he who alleges as the plaintiff, must be permitted to close his case before the defendant is required to begin."
EXPLANATION / SCOPE
A plaintiff must formally close his case before the defendant is called upon to open its defence. This sequential order is fundamental to trial procedure. The principle applies to civil trial procedure. The rule ensures the defendant knows the full case to answer. The court cannot require the defendant to proceed before the plaintiff has completed presenting evidence. Proper closure of plaintiff’s case is a prerequisite.
