LEGAL PRINCIPLE: CIVIL PROCEDURE – Prima Facie Case – Claim May Be Dismissed at Close of Plaintiff’s Case Where None Is Made Out
PRINCIPLE STATEMENT
Where no prima facie case is made out against a defendant at the close of the plaintiff's case, the claim against that defendant ought to be dismissed at that stage, and the need to hear the defendant's case does not arise.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Daudu v. Nigerian National Petroleum Corporation (1998) NLC-2201994(SC) at pp. 10–11; Paras C–A.
"The claim against the 2nd, 3rd and 4th defendants/respondents failed at the close of the plaintiff's case as no prima facie case was made out against those three defendants and the plaintiff's claim as against them ought to have been dismissed at that stage. The need to hear the case of the three defendants did not therefore arise."
EXPLANATION / SCOPE
A plaintiff must make out a prima facie case against each defendant. If no prima facie case is established, the claim may be dismissed without calling on the defendant. The principle saves judicial time. The defendant is entitled to judgment without presenting a defence. The rule applies to all civil proceedings. The court must examine the evidence before deciding. The prima facie case must be based on admissible evidence. The defendant may still be called if a prima facie case is made out. The principle promotes efficient trial procedure.
