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