Aside from this, there is sense in the submission of the 1st and 2nd defendants calling for the discountenance of the claimants’ reply on points of law. The claimants had, for instance, filed two further affidavits in response to the counter-affidavits of the defendants, attaching in the process exhibits that they refused to attach to their affidavit in support. These are exhibits that the defendants could not have reacted to. What the claimants did by this procedure is to force a fair accompli on the defendants and make it look like they are the claimants and the claimants are the defendants. In reacting to the bare affidavit in support with no supporting exhibits, the defendants played into the hands of the claimants when they exhibited documents. In the guise of reacting to the defendants, the claimants now chose to bring in their documents knowing that the defendants cannot thereby react to the said exhibits. For example, the argument of the claimants that after every trip, the 2nd defendant (Uber) issues a receipt to the passenger evidencing payment for transportation services provided by the 2nd defendant (Uber), referring to Exhibits 1 to 5 attached to their further affidavit which clearly show Uber’s logo, is one that the defendants cannot react to since it is offered in the reply on points of law, not the main address supporting the originating summons. In effect, what the claimants have done is to introduce new evidence in a reply on points of law, evidence that the defendants cannot react to. This cannot be.
— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017
