THE STATE V. SALIHU MOHAMMED GWONTO
July 24, 2025DUMBE, MAURICE & ORS VS CHIEF STEPHEN IBUGBOE
July 24, 2025Legalpedia Citation: (1983-03) Legalpedia 70813 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Sun Mar 6, 1983
Suit Number: S.C. 139/1986
CORAM
OBASEKI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
WALI, JUSTICE SUPREME COURT
PARTIES
LEONARD ERONINI & ORS
APPELLANTS
FRANCIS IHEUKO
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE / DISCONTINUANCE OF ACTIONS
SUMMARY OF FACTS
The respondent applied to discontinue his suit after his witness had started giving evidence contrary to his pleadings.
HELD
The court held that the suit ought to have been dismissed and not struck out.
ISSUES
1. Whether at the stage of the proceedings at which leave to discontinue was granted to the respondent, the proper order the learned trial judge and the Court of Appeal could have made was of dismissal or striking out.
2. Whether the Court of Appeal should have allowed its decision to affirm the order of striking out to be influenced by the alleged call on the respondent’s counsel by the learned trial judge to discontinue the proceedings which was not reflected in the record of proceedings.
RATIONES DECIDENDI
ONCE ISSUES ARE JOINED PARTIES MUST PROCEED WITH THEIR ACTIONS.
Once issues have been joined to be tried and the stage set for the conflict, then once a certain stage has been reached the plaintiff is no longer dominis lities and cannot be allowed to escape through the back door to enter against through another action- Nnaemeka- Agu J.S.C
CASES CITED
1. Soetan v. Total Nig. Ltd. (1972) 1 All NLR. (Part 1) 1 at p. 3
2. Lewis v. Haverfordwest R.D.C. (1953) 1 WLR. 1486; (1953) 2 All ER. 1599
3. Okorodudu and Anor. v. Okoromadu and Anor. (1977) 3
4. Olayinka Rodrigues & Ors.v. The Public Trustee & Ors. (1977) 4 SC. 29
STATUTES REFERRED TO
Not Available
