JOSEPH OSEMWEGIE IDEHEN & ORS. VS GEORGE OTUTU IDEHEN & ORS.
July 11, 2025MICHAEL IFEANYI OJIBAH VS UBAKA OJIBAH
July 11, 2025AHWEDJO EFETIROROJE & ORS. VS HIS HIGHNESS ONOME OKPALEFE II (THE OSUIVIE OF AGBARHO) & ORS
Legalpedia Citation: (1991-05) Legalpedia 89800 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jul 5, 1991
Suit Number: SC 143/1989
CORAM
BELLO – CHIEF JUSTICE, NIGERIA
OLUFUNOLA OYELOLA ADEKEYE JUSTICE, SUPREME COURT
ANIAGOLU – JUSTICE, SUPREME COURT
KARIBI-WHYTE – JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE SUPREME COURT
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
AKPATA, JUSTICE SUPREME COURT
BELLO, JUSTICE SUPREME COURT
PARTIES
AHWEDJO EFETIROROJE AND ORS
APPELLANTS
HIS HIGHNESS ONOME OKPALEFE II AND ORS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- JUDGMENT- ORDER FOR NON-SUIT AND DISMISSAL – APPROPRIATE CASE TO MAKE BY COURT.
SUMMARY OF FACTS
The appeal is against the setting aside of the order of non-suit ordered by the trial court in a claim brought by the appellant plaintiff in the trial court for declaration of title to land, trespass and injunction. In its stead the court dismissed the entire suit.
HELD
The appeal was dismissed.
ISSUES
Whether the Court of Appeal was right in deciding to interfere in the exercise by the High Court of its discretionary power to enter a non-suit in this action?
RATIONES DECIDENDI
WHERE A PLAINTIFF FAILS TO PROVE HIS CLAIM
It is well settled law that where a Plaintiff has failed to prove his claim against the Defendant, after trial on the merits the court is entitled to dismiss the action” (Per A.G. KARIBI-WHYTE JSC).
CASES CITED
Elufisoye v. Alabetutu (1963) NMLR 298
Oladimeji v. Oshode (1968) 1 All NLR. 417.
Piaro v. Tenalo (1976) 12 SC.31
Egonu v. Egonu (1978) 11/12 S.C. 111
Nkanu v. Onun (1977) 5 S.C.13
Akinola v. Oluwo (1962) 1 All NLR.224, 225; (1962) 1SCNLR 352
Idundun v. Okumagba (1976) 9/10 SC.227.
STATUTES REFERRED TO
None.
