CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
JOHN OREIKE ANYAKWO (Trading under the name and style of Suppliers and Trading Company) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent had provided letters of credit over a transaction conducted by the appellant as its bankers. The appellant defaulted in paying for the goods and the respondent had to pay the seller. The respondent debited the account of the appellant to the tune of the outstanding credit balance from the transaction. The court suo motu non-suit the action.
HELD
It was held that the court had no power to non-suit and infact it ought to have dismissed the claim of the plaintiff in this circumstance.
ISSUES
Whether the learned trial Judge was right in non-suiting the plaintiffs claim instead of dismissing it, since the case was fought on its merit and the plaintiffs failed to prove its case as found by the learned trial Judge
RATIONES DECIDENDI
NON SUIT UNDER THE LAGOS STATE RULES
Since there is no provision in the new High Court of Lagos State (Civil Procedure) Rules for an order of non-suit because the above rule has been deleted from the new Rules, it would appear that the power of the judges of the High Court of Lagos State to non-suit a plaintiff has been taken away… FATAI-WILLIAMS, J.S.C
CASES CITED
Craig v. Craig) (1966) 1 All NL R 173 at p. 177
Olayioye v. Oso (1969) 1 All NLR. 281 at pp. 284-285
Osay v. Izozo (1969) 1 All NL R. 155
See Onwualu v. Osademe (1971) 1 All NLR 14
STATUTES REFERRED TO
Judicature Act of 1873
English Rules of the Supreme Court of 1963
High Court of Lagos State (Civil Procedure) Rules 1973
County Courts Act of 1888