Habibu Lebbe vs Punchi Ettena – clr volume 3 page 084

In the case between Habibu Lebbe (plaintiff) and Punchi Ettena (defendant), the court addressed whether the plaintiff’s absence and the presence of a substitute proctor at trial constituted a valid appearance under the Civil Procedure Code and whether outright dismissal of the case was appropriate under such circumstances. It was held that the absence of both the plaintiff and a duly authorised proctor did not amount to a proper representation according to the relevant provisions of the Civil Procedure Code. As a result, the dismissal of the plaintiff’s action was deemed improper. The court reaffirmed the principle that proper representation, either in person or through a lawfully authorised proctor, is necessary for judicial proceedings, relying on sections 24, 25, 27, 72, and 84 of the C