CHIEF T.A. DOSUNMU & ORS V. JEMINATU AJAGUN & ORS
August 5, 2025ANTHONY ODUNUKWE V. THE ADMINISTRATOR-GENERAL EAST CENTRAL STATE
August 5, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 71511
In the Supreme Court of Nigeria
Fri Feb 3, 1978
Suit Number: SC. 246/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
PARTIES
ALHAJI H.D. KOLO
APPELLANTS
J.M.O. OYETUNDE
RESPONDENTS
AREA(S) OF LAW
PROCEDURAL LAW
SUMMARY OF FACTS
The plaintiff claimed from the defendant in the trial court the sum of N5,933.34 as special damage for breach of contract, consideration which has wholly failed and general damages for unlawful eviction and/or trespass and/or breach of statutory duty to provide alternative accommodation. The plaintiifs statement of claim was filed, but not served within time, and evidence was given based on an irregular statement of Claim.
HELD
The Supreme Court held that the judgment of the learned trial Judge, in relation to the Statement of Claim before him cannot be held to be valid. As at the stage when the plaintiff gave evidence there was no proper Statement of Claim before the court and so his evidence went to no issue for which a judicial determination was required. In the circumstance, there was no trial according to the Rules of Court. The case was sent back to trial court to be tried denovo
ISSUES
The regularity of a Statement of Claim served after the expiry of the period when it should have been done
RATIONES DECIDENDI
STATUS OF JUDGEMENT GIVEN BASED ON STATEMENT OF CLAIM SERVED OUT OF TIME
STATUS OF STATEMENT OF CLAIM SERVED OUT OF TIME
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
