MOJEED SUARA YUSUF V MADAM IDIATU ADEGOKE & ANOR
June 4, 2025ADO IBRAHIM & COY. LTD. V BENDEL CEMENT COY. LTD
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 91223
In the Supreme Court of Nigeria
Fri Apr 20, 2007
Suit Number: SC.154/2002
CORAM
ALOYSIUS IYORGYER KATSINA-ALU, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD,JUSTICE, SUPREME COURT (Lead Judgment).
PARTIES
ABAYOMI BABATUNDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent, instituted action in a land matter against the appellant and the 2nd respondent. The suit however suffered a number of procedural mishaps leading to the Court of Appeal striking out the appeal. Dissatisfied, the appellant appealed to the Supreme Court
HELD
The court held the decision of the court of Appeal was right as the proper order to be made in the circumstances was one of striking out and not dismissal.
ISSUES
Was the court below right in striking out the suit against all the respondents instead of dismissing it having regard to the proceedings at the trial court?
RATIONES DECIDENDI
CASES CITED
1. Aghadiuno v. Onubogu (Nwankwo) Ekegbo (1998) 5 NWLR (Pt. 548) 16 at 30; (1998) 4 SCNJ. 812. Biri v. Mairuwa (1996) 8 N.W.L.R. (Pt.467) 4253. NNPC v. Latin Investment Ltd. (2006) 1 SCNJ. 131; (2006) 2 NWLR (Pt.965) 506; ?
STATUTES REFERRED TO
Lagos State High Court Civil Procedure Rules 1972
