OGUNLOYE V. DUROSINMI

ACTION - Non-Suit - Where the plaintiff's claim fails on technical hitches - Whether can be barred from re-presenting his case

In considering whether a non-suit should be entered or not, this court has set out in Ejiofor v. Onyekwe & Ors (1972) 1 ANLR (Pt. 2) page 527 this guideline:-

"(3) If a plaintiff fails in toto to prove his case, an order of dismissal should normally follow but where the failure was only due to a "technical hitch", the evidence of the merits showing the entitlement of the plaintiff to the land claimed or portions of it and the defendants not being entitled to the judgment of the court, the interest of justice demands that such a plaintiff should not be forever shut out from re-presenting his case.
Per G. S. SOWEMIMO, J.S.C. at P. 8, Paras. B-C.

ACTION - Non-Suit - Where the plaintiff's claim fails on technical hitches - Whether can be barred from re-presenting his case

In considering whether a non-suit should be entered or not, this court has set out in Ejiofor v. Onyekwe & Ors (1972) 1 ANLR (Pt. 2) page 527 this guideline:-

"(3) If a plaintiff fails in toto to prove his case, an order of dismissal should normally follow but where the failure was only due to a "technical hitch", the evidence of the merits showing the entitlement of the plaintiff to the land claimed or portions of it and the defendants not being entitled to the judgment of the court, the interest of justice demands that such a plaintiff should not be forever shut out from re-presenting his case.
Per G. S. SOWEMIMO, J.S.C. at P. 8, Paras. B-C.

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