Ratio DecidendiRatio Decidendi


(1977) JELR 46312 (SC)    

Supreme Court  ·  SC.363/75 ·  18 Mar 1977 ·  Nigeria
SIR UDO UDOMA Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
suit no. w
learned judge
6th june
notice of discontinuance
24th july
learned counsel
high court
meaning of rule
receipt of such notice
adjourned date
part of his claim
proper order
said dates
view of the circumstances
1st ground of appeal
26th day of june
3rd may
above suit
civil procedure
dismissal of the suit
ekeruche j.
erastus m. okoromadu
esso west africa inc.
ex parte
following question
further costs
high court civil procedure rules
m. bello jsc
okun guoti
order of dismissal of the plaintiffs
provisions of rule
relevant provisions of order
ruling of 23rd july
said deed
similar terms
statement of claim
suo motu
supreme court
validity of the notice of discontinuance
west african court of appeal

M. Bello JSC (Delivering the Leading Judgment): This is an appeal against the order of dismissal of the Plaintiffs' claim in the High Court, Warri, made by Ekeruche, J., in his ruling of 23rd July, 1974, in Suit No. W/8/73 wherein the Plaintiffs now Appellants claimed against the Defendants, now Respondents:

1. A declaration that the deed dated the 26th day of June, 1969, and made between (1) Okun Guoti (now deceased) (2) Erastus M. Okoromadu for themselves and on behalf of Yonwuren and Agbeje families, AND Stephen E. Idugboe, is void as between the parties thereto, and that the said deed be set aside;

1. Delivery of the said deed for cancellation.

The circumstances leading to the dismissal of the Suit are as follows:

Pleadings having been ordered and duly filed and delivered, the parties were notified that the case had been fixed for hearing on 3rd to 6th June, 1974. Before the date fixed for hearing, to wit on 3rd May, 1974, the Itsekiri Communal Land Trustees applied by motion on …

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