RODRIGUES & ORS.
V.
THE PUBLIC TRUSTEE & ORS.

(1977) JELR 44461 (SC)    

Supreme Court  ·  SC.373/1975 ·  1 Apr 1977 ·  Nigeria
 · 
Other Citations
RODRIGUES & ORS. v. THE PUBLIC TRUSTEE & ORS. (1977) 4 S.C. (REPRINT) 17
CORAM
UDO UDOMA Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
suit
appellants
case
appeal
counsel
learned trial judge
plaintiffs
civil procedure
3rd respondent
david nze
order xliv rule
receipt of such notice
1st respondent
2nd defendant
application of the appellants
circumstances of the case
mr. lardner
mr. olawale
old supreme court
part of his claim
provisions of order xliv rule
subject matter
abdu azees olayide duroshola
appeal turns
application of the said rule
avoidance of misrepresentation
chief justice of lagos state
chief t.a. doherty
court of savage j.
court of the chief justice
delivery of pleadings
difficult decision
exercise of discretion
following terms
high court of lagos state
interest of justice
judge of the high court
only defendant
order of court
own court
particulars of claim
part of the proceedings
plaintiffs of such title deeds
proper order
sir udo udoma
subject of complaint
suit no.ld
vital documents
whole circumstances of the case

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The only point raised and argued and for a decision in this appeal is one of practice and procedure. It is important. It concerns the exercise of discretion by a Judge of the High Court under Order XLIV rule 1 of the old Supreme Court (Civil Procedure) Rules, Cap. 211 of the Laws of Nigeria, 1948, and therefore involves the construction and application of the said Rule.

As endorsed on their writ of summons dated 12th January, 1971, the appellants, as plaintiffs, in Suit No.LD/27/71 in the High Court of Lagos State originally claimed against the 1st respondent as the only defendant then, the following:-

"Particulars of Claim:

"(a) A declaration that on a proper construction the relevant clauses of the Will of Charles Americo Rodrigues (Deceased) the defendant is not entitled to be registered as registered freehold proprietor of Nos. 81, 83, 85, 87 and 89, Lewis Street, Lagos in the Register of Titles.

(b) Rectification of the Reg…

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