ENE ENE OKU V. THE STATE
August 29, 2025C.A. OGUNSANYA V. MADAM A. TAIWO
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 18812
In the Supreme Court of Nigeria
Thu Mar 5, 1970
Suit Number: SC 243/1969
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
CHIEF A.Y.OJIKUTU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claims for account in respect of properties known as 3, Jagun Lane and 91, Victoria, now Nnamdi Azikiwe Street, Lagos from the defendant. Upon application of the defendant to the court for the case to be dismissed, the trial judge instead of granting the application struck out the case without giving reasons for so doing.
HELD
The Court allowed the appeal and set aside the order of the trial judge. It then ordered that the plaintiffs case should be dismissed and not struck out.
ISSUES
Whether the learned trial judge ought to have dismissed the plaintiffs case and not strike it out as he had done.
RATIONES DECIDENDI
THE NECESSITY TO WRITE OUT JUDGMENT
We cannot emphasize too strongly the necessity for a judge to write a judgment. The rules of court pre-suppose that the judge should do so. Per Coker, JSC
CASES CITED
None
STATUTES REFERRED TO
The Supreme Court (Civil Procedure) Rules applicable in the High Court of Lagos)
