CORAM
OLAJIDE ATAWURA – JUSTICE, SUPREME COURT
Usman Alhaji Musale JCA
KUMAI BAYANG AKA’AHS
PARTIES
KHALIL & DIBBO TRANSPORT LTD APPELLANTS
S.T. ODUMADEAKINGBEHIN TINUBUCHRIST APOSTOLIC CHURCH
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff, now respondent, sought three reliefs, namely: A declaration that the Plaintiff is entitled to a Certificate of Occupancy in respect of the Building and land comprised in the Deed of Conveyance dated 20th June, 1940 and registered as No. 30 at page 30 in Volume 557 of the Lands Registry in the office, An injunction to restrain the defendants their servants or agents from remaining on or continuing in occupation of the said building and land. And N1,200 damages for trespass and forcible entry by the defendants on the building and land situate lying and being at 19, Agege Motor Road, Idioro, Lagos State and comprised in the above-mentioned Deed of Lease dated 9th March, 1955.”
HELD
The striking out of the suit after the parties had concluded their evidence was not the proper order and an Order of trial was entered
ISSUES
1. Whether the trial court’s judgment, affirmed by the Court of Appeal, adverted to all evidence before it on arriving at his decision striking out the suit on the ground that the then Rules of the Lagos High Court had no provision for a verdict of non-suit. 2. If the question (1) above is answered in the negative, whether this case to be remitted to the High Court of Lagos, before another judge other than the one that tried the matter, for a retrial.
RATIONES DECIDENDI
CASES CITED
1. Okoye v. Nigerian Cons. & Furniture (Co.) Ltd. (1991) 6 NWLR (Pt. 199) 501|2. Olaloye v. Balogun (1990) 5 NWLR (Pt. 148) 24 at 39-40|3. Esuku v. Keko (1994) 4 NWLR (Pt. 340) 625|4. Oloriode v. Oyebi (1984) NSCC (Vol. 15) 286|5. Akilu v. Fawehinmi (No. 12) (1989) 2 NWLR (Pt.101) 122 at 197
STATUTES REFERRED TO
NONE|