CLAUDE NABHAN VS GEORGE NABHAN
August 29, 2025NIGERIAN SUPPLIES MANUFACTURING CO LTD VS N.B.C.
August 29, 2025Legalpedia Citation: (1967-02) Legalpedia 51592 (SC)
In the Supreme Court of Nigeria
LAGOS
Wed Feb 8, 1967
Suit Number: SC.602/1965
CORAM
BRETT JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
ABUDU SALAMI KESHINRO
APPELLANTS
LASISI BAKARE AND OTHERS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – NON- SUIT- PRELIMINARY OBJECTION
SUMMARY OF FACTS
The trial court non- suited the respondents rather than dismissing the suit as sought by the appellants. They had asked the court at trial to dismiss the suit on the grounds that the Statement of Claim did not support the writ
HELD
The court held that they suffered nothing by the exercise of the discretion of the court to non- suit the respondents rather than dismissing the suit and that they ought to have raised their objection at the early stages of the proceedings.
ISSUES
Whether the lower court ought to have dismissed the respondents’ case.
RATIONES DECIDENDI
NON- SUIT
‘The onus Is on the appellant to satisfy us that the learned trial judge was wrong to exercise his discretion in the way that he did by non suiting rather than by dismissing the plaintiffs’ action and we are not satisfied that he has discharged this burden.’ Per Lewis J.S.C
CASES CITED
1. Cummins v. Herron (1877) 4 Ch. D. 787
2. Craig v. Craig 1967 N.M.L.R. 52 at 55
3. Udechukwu v. Okwuka (1956) 1 FSC 70 at page 71
STATUTES REFERRED TO
