OSMAN vs. HAUSA AND ANOTHER

On 20 January, 1968 the plaintiff as head of family of one Mamiru (deceased) sued the defendants claiming by his writ of summons a declaration of title to and possession of a house and an order of perpetual injunction restraining the defendants from interfering with his ownership and possession of the said house. Pleadings were duly delivered, and on 18 April 1968 the plaintiff by his solicitor took out a summons for directions under the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 30, returnable on 29 April 1968. On 29 April 1968 the summons for directions came before Francois J. who made an order that the case should proceed to trial on the agreed issues and ordered the registrar to fix a date. It appears that the registrar did not fix a date and no further steps were taken in this action until 5 May 1971 when the solicitor of the plaintiff by a letter to the registrar requested the suit to be listed for hearing on a date in June. This was acceded to and t...