(1972) JELR 46132 (SC)    

Supreme Court  ·  SC.266/1969 ·  14 Jan 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 1 Soetan v. Total Nig. Ltd (1972) 1 S.C. 61
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judge
order of dismissal
notice of discontinuance
receipt of such notice
subsequent suit
17th march
federal supreme court
fresh proceedings
return date
such defendant
suit no. ld
25th february
a. a. ajayi
civil procedure
c. o. madarikan
correct interpretation of order
ex parte
first part
following terms
further costs
ground of jurisdiction
high court
high court of lagos
learned judge ought
learned trial judge
lower court
only point
p. g. smith s.c.
plaintiff claims
plaintiff of his lorry
preliminary objection
present case
proper order
provisions of the rule
second part
supreme court
view of a decision
writ of summons

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In Suit No. LD/94/69 in the High Court, Lagos, the plaintiff took out a writ of summons on the 25th February, 1969 against the defendants claiming:

"the sum of 2,000 (two thousand pounds) being damages for conversion in that on the 6th February, 1969 the defendants seized, converted to their own use and wrongfully deprived the plaintiff of his lorry (with bulk oil carrying facilities) Registration No. LN 1143. Alternatively the plaintiff claims against the defendants the said sum as damages for trespass to the said vehicle."

The writ was made returnable for the 17th March, 1969, but before the return date and indeed on the 12th March, 1969, the plaintiff filed a notice of discontinuance in the following terms:

"Take notice that the plaintiff herein hereby wholly discontinues this case against defendant."

When the case was called on the return date, the parties were represented by counsel and the learned trial judge dismissed t…

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