CORAM

NNAMANI JUSTICE, SUPREME COURT

KARIBI-WHYTE JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

PARTIES

MANDILAS & KARABERIS LTD APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant leased the property of the respondent when he failed to exercise his option to renew, the respondent claimed for rent.

HELD

The court held that it was not satisfied that the appellant had discharged the onus on him to show that the grant of non-suit was wrongly exercised.

ISSUES

Whether the discretionary power of the trial judge in granting a non -suit in this case was exercised judiciously

RATIONES DECIDENDI

POWERS OF ENTERING A NON-SUIT

“The powers of entering a non-suit should be employed advisedly and never only for the purpose of allowing a plaintiff who had failed to prove his case another opportunity of doing so PER LEWIS JSC

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT