“Order 45, Rule 1 of the Rules of the old Supreme Court which applied in the Lagos High Court at the time of this action provides as follows: “The Court may in any suit, without the consent of the parties, non-suit the plaintiff, where satisfactory evidence shall not be given entitling either the plaintiff or defendant to the judgement of the Court.”

Per GEORGE BAPTIST AYODOLA COKER, JSC in in CRAIG V. CRAIG (1966) LCER-404(SC) (P. 7, Paras A – C) #