ABUDU SALAWE VS THE STATE
August 27, 2025NWIBO NKWUDU OVUJI VS THE STATE
August 27, 2025Legalpedia Citation: (1972) Legalpedia (SC) 91168
In the Supreme Court of Nigeria
Fri Jan 14, 1972
Suit Number: SC 266/69
CORAM
ELIAS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
A.M. SOETAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On the 6th February, 1969, the defendants seized, converted to their own use and deprived the plaintiff of his lorry.
HELD
The Court held that the appeal succeeds and is allowed. The order of dismissal made by the learned Judge in suit No. LD/94/1969 on the 17th of March, 1969, is hereby set aside and in its stead we substitute an order striking out the case.
ISSUES
Whether the Learned trial judge erred when he made an order dismissing the case rather than an order to struck out the case.
RATIONES DECIDENDI
EFFECT OF DISCONTINUANCE
“The discontinuance of an action under the rule shall not be a defence to any subsequent suit.” C.O. MADARINKAN, JSC.
PROPER ORDER AFTER DISCONTINUANCE
“We are in no doubt that after an action has been discontinued under O. 44 r. 1(1), the proper order to make is one striking out the case and not an order of dismissal in as much as the parties should be at liberty to re-assert their right in future proceedings if they so wish.” C.O. MADARINKAN, JSC.
CASES CITED
Ofoegbu Nze v.David Nze 15 WACA 36A.F. Shonekan v. P.G. Smith SC. 687/65
STATUTES REFERRED TO
Supreme Court (Civil Procedure) Rules
