KUSADA V. SOKOTO N.A.

• Pages: 296-300

296

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

and therefore dismissed the plaintiffs' claim. Arguing the 1st and 4th grounds of

appeal together, Mr. Ayoola's criticism was that on the facts of this case. an

order

of non- suit ought to have been entered. We observe that the plaintiffs' case was

based solely on long and exclusive possession of the land in dispute. They were

able to establish long possession but the judge held that they were not in exclusive

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5

possession.

In

Marian Ashabi Craig v. Victor Emmanuel Craig & Another

(1967) N.M.L.R.

52 at page 55 this Court set out in the following terms the principles which should

guide a court in deciding whether to enter a non-suit:-

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"Inevitably a non-suit means giving the plaintiff a second chance to prove his

case. The Court has to consider whether in this case that would be wronging

the defendant, and on the other hand whether the dismissal of the suit would

be wronging the plaintiffs.'

15

Applying these principles to the facts of the present case, and bearing in mind

a non-suit was never sought or argued in the High Court, we are satisfied that no

valid criticism can be made of the order of dismissal of the plaintiffs' claim.

The appeal therefore fails on all grounds and it is hereby dismissed. The plain-

tiffs/appellants will pay to the defendants/respondents costs of this appeal as-

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20

sessed at 50 guineas.

Appeal dismissed.

25

KUSADA V. SOKOTO N.A.

ALHAJI WADA KUSADA

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APPELLANT

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30

V

SOKOTO NATIVE AUTHORITY



RESPONDENT

SUIT NO. SC/131/1968

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

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35

COKER,



J.S.C.

LEWIS,



J.S.C.

13th December, 1968.

Practice and Procedure - Action for damages againSt Native Authority - Notice

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40

of plaintiff to Native Authority setting out facts upon which he relied for his

claim - Whether notice complied with requirement of S.116(2) of the Native

Authority

Law.

Words and Phrases - "Cause of Action" - "Part of cause of action".

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45

ISSUES:

1.

What does s.116(2) of the Native Authority Law require of a prospective claimant

against a Native Authority?

2.

Must a statutory notice to a Native Authority of an intention to commence action

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50

against it, disclose a good or enforceable cause of action.