ANGLO-CANADIAN CEMENT LTD VS O. ALOKOLARO & CO
August 29, 2025BANK OF AMERICA (NATIONAL TRUST AND SAVINGS ASSOCIATION VS NIGERIAN TRAVEL AGENCIES LIMITED
August 29, 2025Legalpedia Citation: (1967-05) Legalpedia 34085 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri May 12, 1967
Suit Number: SC.654/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
SANNI KEHINDE (MOGAJI AGUNBIADE)
APPELLANTS
AMOLE OGUNBUNMI AND OTHERS
RESPONDENTS
AREA(S) OF LAW
COURT- PRACTICE AND PROCEDURE – PRESEENCE OF PLAINTIFF AT HEARING-APPERANCE BY COUNSEL
SUMMARY OF FACTS
The High Court struck out the appellant’s case on the grounds that his counsel said he will not be giving evidence and was not present in court.
HELD
The court held that the High Court was in error to have struck out the appellant’s case on the basis of those reasons.
ISSUES
Whether the lower court was right in striking out the appellant’s case.
RATIONES DECIDENDI
POWER OF JUDGES TO STRIKE OUT SUITS.
1. ‘A judge is never empowered to strike out a suit in limine merely because he has formed the view that the plaintiff must fail unless a certain witness is called.’ Per Brett J.S.C
A LITIGANT REPRESENTED BY COUNSEL NEED NOT APPEAR IN COURT.
2. ‘There is no rule of law or practice requiring a plaintiff to be present in person when represented by counsel.’ Per Brett J.S.C
CASES CITED
1. Duke v Henshaw (1940) 6
2. W.A.C.A. 200 and Chapman v. CYA.O. and Aryee-Hyde (1943) 9 W.A.C.A. 181
3. Atugbue v. Chime and Anor F.S.C. 18511962
STATUTES REFERRED TO
