LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Exercise of Discretion Where There Is a Change of Counsel
PRINCIPLE STATEMENT
Where there is a change of counsel during trial, and the new counsel applies for a short adjournment to enable him prepare and be fully briefed by his client, it will amount to a judicious exercise of discretion if the court grants the application. Refusal to adjourn may amount to taking away the right of a party to have a counsel of his choice.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Mobil Oil Nigeria Ltd v. Nabsons Ltd (1995) NLC-1161989(SC) at p. 10; Paras. B–C.
"Where there is a change of counsel, during trial, and the new counsel applies for a short adjournment to enable him prepare and be fully briefed by his client it will amount to a judicious exercise of discretion if the court grants the application. Refusal to adjourn, in such a situation may amount to taking away the right of a party to have a counsel of his choice."
EXPLANATION / SCOPE
A party has the right to choose counsel. When counsel changes, a short adjournment should be granted to allow new counsel to prepare. Refusal may violate fair hearing. The principle applies to all civil proceedings. The court must balance efficiency with fairness. The adjournment should be reasonable. The party must act diligently. The rule promotes effective representation. The court will not grant indefinite adjournments. The principle protects the right to counsel.