GARUBA ABIOYE & ORS VS SA’ADU YAKUBU & ORS
July 11, 2025YUNUSA ADAMU & ORS VS THE STATE
July 11, 2025Legalpedia Citation: (1991) Legalpedia (SC) 11151
In the Supreme Court of Nigeria
Fri Jun 7, 1991
Suit Number: SC. 216/1986
CORAM
CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JUSTICE SUPREME COURT
MUHAMMADU L. UWAIS JUSTICE, SUPREME COURT
MUHAMMADU SAIFULLAH MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
P.NNAEMEKA-AGU – JUSTICE, SUPREME COURT
ANDREWS O. OBASEKI
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
PARTIES
M. O. AKINSUROJU (The Lapoki of Aye)CHIEF OGIDIMOZACHEAUS LOYIMIJOHN ADUWO(For and on behalf of themselves and the Ikale Aye people of Epewe Imobi and Mororo respectively) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal was against the dismissal of the appellant’s appeal by the Court of Appeal. The court below held that the action brought by the appellant/plaintiff was brought in a representative capacity but evidence led showed otherwise. The court of appeal set aside the judgment of the trial court and dismissed the action. The appellants have now appealed to the supreme court.
HELD
Appeal allowed.
ISSUES
“Whether having regard to the representative nature of the action before the court as borne out by the writ of summons as well as the Statements of Claim and Defence and also having regard to the relevance of the 1948 cases to the subject matter of this appeal, the learned Justices of appeal were right to refuse to confirm a declaration of title to the land in dispute in favour of the appellants”.
RATIONES DECIDENDI
WHEN AN ORDER OF NON-SUIT WILL BE MADE
“…..an order of non-suit is to be made in the following circumstances -(a) Where the plaintiff has not failed in toto or entirely to prove his case; and(b) Where the defendant is not in any event entitled to the courts judgment; and(c) Where no wrong or injustice to the defendant would be caused by such order”.(Per M.L.UWAIS,JSC)
CASES CITED
1. Olagbemiro v. Ajagungbade III, (1990) 3 NWLR (Pt. 136) 37 at p.42 .2. A.C.B. Ltd. v. Chief F.S. Yesufu, (1989) 1-2 SC. 49 at p.5
STATUTES REFERRED TO
1. The High Court Rules, Cap. 45 of the Laws of Ondo State, 1978
