(2018) JELR 38861 (CA)    

Court of Appeal  ·  CA/I/72/2014 ·  20 Jun 2018 ·  Nigeria
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned trial judge
proper order
supreme court
miscarriage of justice
civil procedure
dismissal of the suit
notice of appeal
discretion of the court
discretion of the trial judge
error of law
order of the court
appellants counsel
basic principle
case law
case of eronini vs ihueko
cases of ekwunife vs. wayne
circumstances of each particular case
conclusion of trial
considered view
copies of all documentary evidence
court of appeal act
decision of the court
distinct case
following cases
grounds of appeal
hearing of the application
high court of ogun state
judicial exercise of discretion
judicial precedent
leave of the trial court
lower court
lower courts
monetary compensation
ogbuagu jsc
orders of majekodunmi j
pillars of facts
premise of an exercise of judicial discretion
principles of law
stage proceedings
taking of evidence

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): The Respondents herein as Claimants at the lower Court filed a suit against the Defendants/Appellants claiming for an order setting aside the judgment and orders of MAJEKODUNMI J made on 06/07/11 in suit no. HCS/78/2008, possession, damages for trespass and injunction. Pleadings were filed and exchanged. Trial commenced with the parties calling one witness each and tendering several documents as exhibits. At the conclusion of trial, final written addresses were ordered. The Defendants/Appellants filed their own written address. Instead of filing their written address, the Claimants/ Respondents filed a Motion on Notice on 19/11/13 seeking LEAVE of the trial Court to withdraw and discontinue the suit against the Defendants in its entirety. At the hearing of the application, the Defendants/Appellants Counsel stated that he was not opposed to the application but asked for costs and dismissal of the suit as witnesses had bee…

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