For further reference, Order 10 rule 1 (1) and (2) of the rules of court also deals with the waiver of compliance with the rules in the event of non-compliance.
In otherwords, where an irregularity is substantive in nature, it renders a process incompetent; where however it is procedural, the effect is not to operate for purpose of defeating the course of justice, because the court is set out to do justice.
Put differently, by merely filling of the cross appeal in contravention to Order 2 rule 30 of the rules of this court, the effect should not operate and render the process filed as incompetent. It is within the competence of this court by way of exercising its discretion under Order 10 rule 1(1) and (2) of the rules of this court to waive such non-compliance. The purpose and effect of this rule is to forestall the injustice that may occasion as a result of strict adherence to the rules of technicality. I will also in the result overrule the preliminary objection raised in the cross appeal.
No one is entitled to take possession of premises by a strong hand or with a multitude of people. That has been forbidden ever since the statute of Richard II against forcible entry. This applies to the Police as much as to anyone else. It applies to government departments also, and to the Nigerian High Commission. If they are entitled to possession they must regain it by due process of law. They must not take the law into their own hands. They must apply to the Court for possession and act only on the authority of the Courts".
I can safely say that here in Nigeria even under a Military Government, the law is no respecter of person, principalities, government or powers and that the courts stand between the citizens and the government alert to see that the state or government is bound by the law and respects the law.
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