OKEKE ANADI V OKEKE OKOLI
August 6, 2025J.O. EKI V F.M. GIWA
August 6, 2025Legalpedia Citation: (1977-02) Legalpedia (SC) 61919
In the Supreme Court of Nigeria
Fri Feb 25, 1977
Suit Number: SC. 308/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
ELEMENYA IKORO
APPELLANTS
SAFRAP (NIGERIA) LTD
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-NON SUIT-DISMISSAL
SUMMARY OF FACTS
The appellant had his fishing pond and ridge destroyed by the respondent activities for oil exploration. The appellant brought an action for adequate compensation.
HELD
The court held that appellant had opportunity to produce evidence to establish his claim and failed to do so the appropriate order was dismissal and not a non-suit
ISSUES
Whether the learned trial judge erred in law in not finding for the appellant and in non-suiting the appellant when none of the parties asked for non-suit and neither counsel was in any event heard on the issue of non-suit
RATIONES DECIDENDI
PROCEDURE TO MAKE ORDER OF NON-SUIT
“The view that a court of trial should refrain from making an order of non-suit without hearing from the parties or their counsel as to the desirability or otherwise of such an order is enshrined in several decisions of this court. PER IRIKEFE JSC
CASES CITED
1. DAWODU V. GOMEZ 12 WACA 151
2. CRAIG V. CRAIG (1966) 1WNLR 173
3. OSAYI V.IZOZO (1969) I ANLR 155
4. GEORGE V. UNITED BANK FOR AFRICA (1972) 1 ANLR (PT 2)347
5. ASEIMO & ORS V. AMOS& ORS (1975)2 SC 57
STATUTES REFERRED TO
Not Available
