FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): The controversies generated in the instant Appeal and Cross-Appeal are associated with the never ending disputes associated with the questions of when it will be justifiable for an Appellate Court to set aside the exercise of the trial Courts discretion to order a non-suit in an action rather than dismissing the action out rightly. On the 25-11-2013, judgment was delivered by the High Court of Sokoto State, sitting at Sokoto in Suit No. SS/6/2012 and in which the Court non-suited the Claims of the Appellant/Cross-Respondent and granted the Counter-Claims of the Respondents/Cross-Appellants (See pages 183 - 201 of the records). At paragraph 45 of the Appellant/Cross-Respondents Statement of Claim, who was Plaintiff at the lower Court, he claimed against the Respondents/Cross-Appellants who were Defendants jointly and severally as follows;
a. A DECLARATION that the acts of the Defendants in refusing to the Plaintiff acces…