Duty to hear parties before non-suit

Related decisions

• MEKA V. ANIAFULU (2005)→

  Court

  Court of Appeal (Enugu Division)

  Judgment date

  31 May 2005

  Summary of the Court of Appeal decision in Meka v. Aniafulu on land rights and customary inheritance. Key issues, judgements, and significance discussed.

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  15

  • Burden of proof→
  • Evaluation of evidence→
  • Non-suit→
  • Perpetual injunction→
  • Recovery of possession→
  • Representative action→
  • Traditional history→
  • assessment of witness credibility→

• IRUKERA MARGARET IBIYEME V. FIRST BANK OF NIGERIA PLC (2003)→

  Court

  Court of Appeal (Abuja Division)

  Judgment date

  24 February 2003

  Summary of Irukera Margaret Ibiyeme v. First Bank of Nigeria, addressing legal issues and court findings regarding a non-suit order.

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  11

  • Abandoned ground of appeal→
  • Undefended-list procedure→
  • appellate interference with trial-court discretion→
  • court of appeal rules 2002 order 3 rule 2(4)→
  • discretionary power to non-suit→
  • duty to hear parties before non-suit→
  • evidence act 1990 sections 96(1)(h), 96(2)(e), 97(1)(h) and 97(2)(e)→
  • issue formulation→