LawPavilion Online


Back

S.I. OKORO & ANOR v. SAMUEL ELEKWANYA & ANOR

(2018) LPELR-45071(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 25th day of July, 2018

CA/OW/146/2015


Before Their Lordships

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

1. S.I. OKORO
2. EMMANUEL UKACHUKWU
(For themselves and on behalf of Umudiofor Eku) - Appellant(s)

AND

1. SAMUEL ELEKWANYA
(For himself and on behalf of
Duruenyerege Eku)
2. HRH ADOLPHUS
EMEFORONU - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This appeal is against the ruling delivered on 25/3/2015 by the High Court of Imo State, holden in the Etiti Judicial Division presided over by Hon. Justice E.O. Agada.

The High Court in its ruling appealed against dismissed the Appellants' action consequent to a "Notice of Discontinuance" dated 20/1/2014 and filed on 21/1/2014, brought under Order 23 Rule 3 of the High Court of Imo State (Civil Procedure) Rules 2008.

Prior to the filing of the notice of discontinuance, the Appellants' had adduced evidence through a witness who was fully cross-examined after he had testified in-chief, and another witness who had been partially cross-examined after he had completed his evidence in chief.

Being dissatisfied with the ruling of the High Court dismissing its suit, the Appellants appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issues raised by the Appellants and couched as follows:

(1) Whether the learned trial Judge was right to dismiss the claimants' case based on the Notice of Discontinuance filed by the claimants when the matter has not been heard on the merit.

(2) Whether the learned trial Judge was right when he dismissed the Claimants' suit without making any order in respect of the Defendants' Counter claim.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


Read Full Judgment