CHUKWU OBAJI VS THE STATE
September 3, 2025NIGERIAN SWEET & CONFECTIONARY CO. LTD VS TATE & LYLE NIGERIA LTD
September 3, 2025Legalpedia Citation: (1965-07) Legalpedia 91672 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jul 9, 1965
Suit Number: SC 66/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
GULAB NIGERIA LTD
APPELLANTS
SACHDEVA
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – SECURITY FOR COST
SUMMARY OF FACTS
The appellant filed a counter claim against the respondent who resided in Italy with no assets within jurisdiction and apply that the respondent gives security for the counterclaim and cost.
HELD
The court allowed the appeal.
ISSUES
Whether from the circumstances of this case the lower court ought to have granted the appellant’s application
RATIONES DECIDENDI
REQUIREMENT FOR SECURITY FOR COST BY A PLAINTIFF WHO RESIDES OUTSIDE JURISDICTION
‘A plaintiff in any suit may be required to give security for costs … and a suit brought by or on behalf of a plaintiff who is out of the jurisdiction may be stayed … until the plaintiff gives security to comply with the orders and judgment of the court on a bona fide counterclaim’ – Ajegbo J.S.C
CASES CITED
Evans v. Bartlam [1937] A.C.473
STATUTES REFERRED TO
