SAMUEL CHUKU V. JAMES WUCHE
August 7, 2025CHIEF J.O. IYASE & ORS V. UGIAGBE OMORAGBON
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 14192
In the Supreme Court of Nigeria
Fri Oct 22, 1976
Suit Number: SC. 368/1975
CORAM
IBRAHIM TANKO MUHAMMAD, JSC JUSTICE, SUPREME COURT(Lead Judgment).
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
EDWARD UWETAN OMADIDE(For himself and on behalf of the Ekelegho section of Uwhe family of Effurun) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In a substantive suit for title to land, the appellant sought an adjournment to enable him properly plot his survey plan to show a conveyance. The court rejected the prayer for adjournment.
HELD
The court held that the learned trial judge by refusing to grant the plaintiff the adjustment prayed for exercise his discretionary power wrongly.
ISSUES
Whether the ruling of the learned trial judge refusing the adjournment sought by appellants counsel was in wrong exercise of his discretion, capable of hindering the interest of justice.
RATIONES DECIDENDI
PLEADINGS
“It is in the interest of justice that all matters which are fully pleaded by the parties should be canvassed thoroughly before the court so as to enable the court, after hearing evidence to come to a just conclusion on the respective claims of the parties” PER FATAYI WILLIAMS
CASES CITED
BECK V. VALUE CAPITAL LTD (1976) 2 ALL E.R 102
STATUTES REFERRED TO
