ALHAJI UBA KANO V. BAUCHI MEAT PRODUCTS COMPANY LIMITED
August 2, 2025SAMSON AJIBADE V. MAYOWA& ANOR
August 2, 2025Legalpedia Citation: (1978-08) Legalpedia (SC) 21134
In the Supreme Court of Nigeria
Thu Oct 12, 1978
Suit Number: SC. 139/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
1. NATIONAL BANK OF NIGERIA
2. WEMABOD ESTATES LTD
APPELLANTS
1. LADY AYODELE ALAKIJA
2. MRS. OLAKUNLE OJO
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The plaintiffs took out an originating summons in the High Court of Lagos, against the defendants seeking the determination of the court on some contentious issues.
HELD
The Supreme Court held that proceeding the action by originating summons would not meet the justice of the case as the learned trial judge should have made an order for pleadings.
ISSUES
Whether the learned Judge was right to have tried the case on originating summons
RATIONES DECIDENDI
PROPER METHOD OF PROCEEDING AN ACTION
CASES CITED
Funton v. Ministry of pensions 1963 1 All ER 275
Re Power, Lindsell v. Phillips (1885) 30 Ch. D. 291
STATUTES REFERRED TO
Not Available
