IDI FAGGE V. THE STATE
August 7, 2025JOHN NWACHUKWU & ANOR V. MICHAEL ABARA & ORS
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 52297
In the Supreme Court of Nigeria
Fri Mar 5, 1976
Suit Number: SC. 323/1975
CORAM
MARYAM ALOMA MUKHTAR JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
IFI IZIEME GEORGE IFI For themselves and as representing Ajie Isiama Family MBEREKPE NDUKA (For himself and as representing Umuosere Osachi Family) MATTHEW OCHIA ANOZIE ORISAKWE (For themselves and as representing the Umueduka Family) AKPATI NWABUNWE (For himself and as representing Umuanyashi Family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
After the calling of respondents 1st witness who made some fatal admissions during cross examination, the respondents counsel at the hint of the trial court applied for the discontinuance of the suit and same was accordingly struck out by the trial court.
HELD
The court held that the learned trial Judge rightly exercised his discretion in striking out the plaintiffs claim instead of dismissing it.
ISSUES
None.
RATIONES DECIDENDI
EACH CASE TO BE DECIDED ON ITS MERIT
We, therefore, think the contention that the learned trial Judge did not exercise his discretion judicially cannot be maintained. In circumstances such as this, each case must be decided on the facts before the court. Per FATAYI-WILLIAMS, JSC.
CASES CITED
Egerton v. Jones (1939) 3 All ER 889 (C.A.)
STATUTES REFERRED TO
High Court Rules of the East Central State
