MFON UDO MBOHO VS THE STATE
September 2, 2025BISI SADIKU ALESE VS IBITOYI SAROMI
September 2, 2025Legalpedia Citation: (1966-02) Legalpedia 24377 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 11, 1966
Suit Number: SC 414/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
ALHAJI HARUNA KASSIM
APPELLANTS
HERMANN EBERT
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- ORDER TO RELIST – STATUE BARRED
SUMMARY OF FACTS
The plaintiff sold goods to the defendant on credit in March and May 1957. As they were not paid for, the plaintiff, on the 20th December 1962, sued for the recovery of the amount of £1,929-17s-6d. The defendant has appealed to this Court against the judgment of Bello, Acting Judge in the High Court of Northern Region, for the sum of £1,873-12s-6d, and £7-3s-0d costs entered against him for goods sold and delivered.
HELD
That it is a pending cause which has been relisted in this case therefore it cannot be statue barred
ISSUES
Whether a judge power to strike out a suit with liberty to apply for a relist?
RATIONES DECIDENDI
WHEN IS A CASE SAID TO BE PENDING
‘A cause is said to be pending in a court of justice when any proceeding can be taken in it’ -Per Ademola, C.J.N.
CASES CITED
Re Clagett’s Estate, Fordham v. Clagett (1882) 20 Ch.D. 637 at 653
STATUTES REFERRED TO
Not Available
