BELL SONS & CO VS GODWIN AKA & ANOR
August 26, 2025MRS. S.A. KAREEM & ORS VS DAVID O. OGUNDE & ANOR
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 21206
In the Supreme Court of Nigeria
Fri Jan 28, 1972
Suit Number: SC 232/69
CORAM
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
OBA ADEYINKA OYEKAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs now respondents paid the defendant now appellant money as rent in respect of a lease of a parcel of land situate at Great Bridge Street, Lagos, which lease did not eventually turn out to be effective.
HELD
The Court held that the appeal fails and it must be dismissed.
ISSUES
The propriety of an order of non-suit as ordered by the Judge in the circumstances of this case.
RATIONES DECIDENDI
NOTICE TO DEFEND
“The defendant is required to file within the time prescribed a Notice of Intention to Defend the action or, failing that, an affidavit setting out a substantial defence to the action and the judge is vested with the discretion to allow a defence to be filed or oral evidence to be given and indeed to enter judgment if such a course became necessary.” G. B. A. COKER, JSC.
CASES CITED
Ajayi v. Lagos City Council SC. 74/68
Lagos City Council v. Ogundemuren & Anor. SC. 335/69
Westgate v. Crowe (1908) 1 KB 24
Oragbaide v. Chief Onitiju (1962) 1 All NLR 32.
STATUTES REFERRED TO
