OLALERE OBADARA & ORS VS THE PRESIDENT, IBADAN WEST DISTRICT
September 4, 2025BOB O. AKAIGHE VS ONOMUIYORIVBIYEFE IDAMA
September 4, 2025Legalpedia Citation: (1964-11) Legalpedia 38103 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Nov 6, 1964
Suit Number: SC 228/1963
CORAM
BRETT, CHIEF JUSTICE, NIGERIA
COKER, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
R. MELIFONWU AND OTHERS APPELLANTS
CHUKWUDEBE ADAZIE & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The judgment of the lower Court involved that none of the parties to the action was entitled to the judgment of the court and also as litigation over the land in dispute has not been finally set at rest. Both parties contended that they were entitled to costs at the court below, thus the appeal.
HELD
The court held that the respondents, people of Umuezearoli, should pay costs in the court below to the appellants, people of Isiokwe and Iyiawu.
ISSUES
RATIONES DECIDENDI
EFFECT OF AN ORDER OF NON SUIT
To say the least the effect of the judgment of non-suit is that they have failed to prove their case against the defendants who are the present appellants -COKER, J.S.C
EFFECT OF AN ORDER OF NON SUIT
To say the least the effect of the judgment of non-suit is that they have failed to prove their case against the defendants who are the present appellants -COKER, J.S.C
CASES CITED
STATUTES REFERRED TO
