[1] The right of a litigant to commence and conduct court proceedings is a basic and fundamental right and Order 76 of the Rules of High 2012 (" ROC ") empowers the court to intervene and deny this right only in instances where the litigant lacks the mental capacity to do so if he is an infant or is a mentally disturbed person. The dispute in this case concerned the mental capacity of the plaintiff to instruct his solicitors to continue with this suit.