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MEANING OF COURSE OF PROCEEDINGS

Dictum

So, “course of proceedings” of a court means the line, direction, path, or way the lis in course proceeds. This is, of course, in contradistinction to the content of the litigation or the evidence called in support of the case of either party thereto. On the other hand, the “practice” of a court ordinarily means the rules that make or guide the cursus curiae, and regulates procedure, within the precincts of the court. So, in the technical sense, rules of practice denote the mode of proceedings by which a legal right is determined and enforced, as distinguished from the law which gives or defines the right. See Lush, L.J. in Poyser v. Minors L.R. 7 Q.B.D. 325 at p. 333; Lever Brothers Ltd. v. Knede & Bagnall (1937) 2 K.B. 87; and Re Shoesmith (1938) 2 K.B. 637.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

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