Coker, JSC. (Delivering the Leading Judgment): The facts found by the learned trial Judge are fully supported by the evidence before him, and on that evidence, it would have been surprising if he had found any contract as having existed between the appellant and the respondent. We think that he had quite rightly concluded that there was no such contract. At that stage he should have dismissed the appellant's case and not non-suit it as he had done. name='16457' style='background-color:#F0C000;'A non-suit is only to be ordered where a party has not failed in toto and where in any case the defendant is not entitled to the judgment of the court. It is certainly not to be ordered when, as in this case, the plaintiff's case is bogus through and through.
We are satisfied that there is no substance whatsoever in this appeal and it is dismissed. The appellant shall pay costs of the respondent in this court which we fix at 45 guineas.