(1973) JELR 44782 (SC)    

Supreme Court  ·  SC.115/1970 ·  26 Jan 1973 ·  Nigeria
Other Citations
(1973) 1 S.C. 103
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
want of prosecution
extension of time
learned trial judge
civil procedure
english supreme court rules
learned judge
plaintiffs claim
mr. theophillus john
rules cap
statement of defence
western state
motion paper
present case
theophillus john
appropriate case
aspect of the reasoning of the learned trial judge
circumstances of each case
civil war
dismissal of the action file
exercise of jurisdiction
facts of that case
first reported case
further application
further enlargement of time
further extension of time
general damages
given situation
judgment of the ughelli high court
leading judgment
leave of this honorable court
native law
obaseki j. plaintiffs
order of court
plaintiffs solicitor
plan counter
reasoning of the learned judge
rule cap
specified time
such further order
support of this claims
supreme court practice

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ughelli High Court (Ovie-Whiskey, J.) dismissing the plaintiffs claim for want of prosecution. This action was commenced by a Writ of Summons taken out on 28th February, 1967. The claims, as endorsed on the writ read:-

"The plaintiffs' claim against the defendants is as follows:-

1. A declaration of title to the piece or parcel of land at Igbide known and describe as "AHORO" land - the exact area of the said land in dispute will be shown in a plan to be filed in support of this claims.

2. A declaration that the defendants by denying plaintiffs' title to all the land in dispute and by refusing to pay customary rents to plaintiffs have forfeited under Native Law and Custom their rights of user in respect of the said land Obi Awolo Nwobi and Ors v. Phillip Ijeh (1965) NMLR pg 175 at 176

3. The sum of 200pounds (Two hundred pounds) being general damages for trespass and/or Mesne Profit…

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