ALHAJI AHMED AYUB-KHAN VS THE STATE
July 14, 2025TAJUDEEN ADEYEMI VS THE STATE
July 14, 2025Legalpedia Citation: (1991-02) Legalpedia 48059 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Feb 15, 1991
Suit Number: SC 84/1988
CORAM
M.L. UWAIS, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
P. NNAEMEKA-AGU, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
O. OLATAWURA, JUSTICE SUPREME COURT
PARTIES
UMUKORO USIKARO AND ORS
APPELLANTS
ITSEKIRI COMMUNAL LAND TRUSTEES AND ORS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – DISMISSAL ON GROUND OF DELAY- EXERCISE OF DISCRETION
SUMMARY OF FACTS
The appellants’ suit for a declaration of title to a piece of land was dismissed before hearing by the trial court instead of striking it out on the ground of inordinate delay in prosecuting their case.
HELD
The court held that the facts on the record did not justify the conclusion of the learned trial Judge that the appellants were guilty of inordinate delay in prosecuting their case.
ISSUES
On the materials before the learned trial Judge was there any prolonged and inexcusable delay on the part of the appellants which was likely to do grave injustice to one side or the other?
RATIONES DECIDENDI
JUDICIAL EXERCISE OF DISCRETION
‘It is best to carefully consider all the circumstances of each case before concluding that there was inordinate delay on the part of a party which will justify the dismissal of his case. It is a discretion which must be exercised judicially.’ Per Kawu, JSC.
CASES CITED
Rev. Moses A. Abiegbe & Ors. v. Edheremu Ugbodume & Ors. (1973) 1 S.C.133 at p.139
STATUTES REFERRED TO
None.
