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…

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

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