BRITISH INDIA GENERAL INSURANCE CO (NIG) LTD V. A. THAWARDAS
August 4, 2025WILLIAM LADEGA & ORS V. SHITTU DUROSIMI & ORS
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 11300
In the Supreme Court of Nigeria
Fri Mar 17, 1978
Suit Number: SC.125/1976
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ANTOINE ROSSEK
APPELLANTS
DIAB NASR
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – COURT
SUMMARY OF FACTS
In an action for account, the appellant applied for payment pending the determination of the suit because the defendant failed to file an account in accordance with the order of court. Before the application could be heard, the respondent filed the account by extending time. The trial refused the application but ask the respondent to give security.
HELD
The court dismissed the appeal.
ISSUES
Whether the learned trial judge was right in refusing the appellants application considering the default of the respondent in filing account as ordered by the court.
RATIONES DECIDENDI
DISCRETION OF A TRIAL JUDGE TO MAKE AN ORDER IN DEFAULT
A trial Judge has a discretion in deciding to give judgment by default or to make “such other order as to the court may seem just”, – Alexander J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
