BOHSALI AND CO. LTD VS OKOI ARIKPO
September 1, 2025WESTERN NIGERIA DEVELOPMENT CORPORATION VS JIMOH ABIMBOLA
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 85045 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jun 10, 1966
Suit Number: SC 559/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
ONYEAMA JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
MARIAN ASABI CRAIG
APPELLANTS
VICTORIA EMMANUEL CRAIG AND ANOR
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- NON SUIT-THE EFFECT
SUMMARY OF FACTS
The appellant was the defendant in an action instituted in the High Court of Lagos by the respondents. The writ was endorsed as follows:-
“The plaintiffs seek a declaration that as the next of kin of Moses Craig, deceased, they are entitled as against the defendant to possession of the house and landed property situate at and known as 26s Ilubinrin, Marina, Lagos.”
HELD
That the court cannot give judgment on the evidence adduced by the Plaintiff
ISSUES
Whether the trial Judge was right when he held that the Plaintiffs were entitled to judgement
RATIONES DECIDENDI
CONDITIONS BEFORE A NON-SUIT CAN BE ENTERED BY A TRIAL JUDGE
When the propriety of a non-suit has not been argued, if a trial judge should think of entering a non-suit it is desirable that he should first ask counsel for the parties for the submissions.- Per Coker, J.S.C
DEFINITION OF A NON-SUIT
A non-suit means giving the plaintiff a second chance to prove his case. The Court has to consider whether in this case that would be wronging the defendant, and on the other hand whether the dismissal of the suit would be wronging the plaintiffs. Per Coker, J.S.C
CASES CITED
STATUTES REFERRED TO
