ALBERT ILONA V. OJUGBELI DEI

Legalpedia Citation: (1971) Legalpedia (SC) 48171

In the Supreme Court of Nigeria

Fri Jan 15, 1971

Suit Number: SC 346/1967

CORAM

COKE, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

UDOMA , JUSTICE, SUPREME COURT

PARTIES

ALBERT ILONA GEORGE UGBOMA (for themselves and on behalf of UGBOMA OBIA FAMILY of ABALAGADA VILLAGE in ABOH DIVISION) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Ilona and Ugboma for themselves and as representing Ugboma Obia family of Abalagada village instituted proceedings against Dei and Olise for themselves and on behalf of Olise family of Odigili village for a declaration of title to certain fishing ponds together with the piece or parcel of land known as AGWITI , £200 damages for trespass and an injunction.

HELD

The Court set aside the order of the learned trial judge dismissing the plaintiffs claim together with the order for costs and ordered that the case be and is hereby restored on the list of the Mid-Western High Court, Sapele, to be there heard and determined de novo by another judge.

ISSUES

Was the learned trial judge right to have dismissed the plaintiffs claim in the circumstances disclosed by the record without first giving consideration to and making a ruling on the application for adjournment?

RATIONES DECIDENDI

GRANTING OR REFUSING TO GRANT ADJOURNMENT APPLICATION

The question whether or not to grant an adjournment is a matter in the discretion of the court. But that discretion must at all times be exercised not only judicially but also judiciously. Per Udo Udoma, JSC

GRANTING OR REFUSING TO GRANT ADJOURNMENT APPLICATION

It was the duty of the learned trial judge before deciding to dismiss the plaintiffs case to have disposed of the application by clearly informing the counsel for the plaintiff that the application was refused. Per Udo Udoma, JSC