Just Decided Cases

R. MELIFONWU & ORS VS CHUKWUDEBE ADAZIE & ORS

Legalpedia 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



CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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