DEMUREN Z. O. VS ASHIMI ASUNI & S. SOGUNRO
August 29, 2025ADEDEJI VS POLICE SERVICE COMMISSION
August 29, 2025Legalpedia Citation: (1967-03) Legalpedia 10570 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Mar 10, 1967
Suit Number: SC 286/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
J.S. SONUGA AND OTHERS
APPELLANTS
CHIEF KEHINDE ANADEIN AND OTHERS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – NON- COMPLINANCE WITH RULES-WAIVER
SUMMARY OF FACTS
The appellant filed a writ with his claims written out and pasted on the reverse side, the respondent did not object but the lower court struck out the suit on that basis.
HELD
The court held that the lower court was in error to have struck out the suit.
ISSUES
Whether it is right for the defendant to take advantage of an irregularity he had himself accepted or led the plain-tiff to believe he had accepted and had acted on it, without any harm done to him.
RATIONES DECIDENDI
ERRORS OF LITIGANTS
‘the defendant is not entitled to take an advantage of an irregularity occasioned by a slip which has been made by the plaintiff to which he did not object to in lime and which has done no harm to the defendant.’ Per Ademola C.J.N
CASES CITED
1. Dickson v. Law and Davidson [1895] 2 Ch. D. 62
2. Alatede v. Joseph Jeje Falode and another S.C. 137/66 (unreported) decided in this court on 6th May, 1966
STATUTES REFERRED TO
