LEGAL PRINCIPLE: CIVIL PROCEDURE — Judgment Writing — Non-Suit — Power to Order Non-Suit — Ogun State High Court Rules 1988
PRINCIPLE STATEMENT
Under the High Court Civil Procedure Rules 1988 of Ogun State, there is no provision for a High Court to order a non-suit, unlike in the 1977 rules. If the trial court had no power to order a non-suit, the Court of Appeal could not do so either.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Faleye v. Otapo (1995) NLC-31993(SC) at pp. 9–11; Paras. D–B.
"Under the High Court Civil Procedure Rules 1988 of Ogun State, there is no provision for a High Court to order non-suit unlike in the 1977 rules of court. The provision of Order 30 rule 3 of the High Court Civil Procedure Rules 1977 had been deleted from the 1988 Rules. That being so, the High Court of Ogun State would no longer have power to order a non-suit in any civil matter before it. If the trial court had no power to order a non-suit, the Court of Appeal could not do so either."
EXPLANATION / SCOPE
The power to order a non-suit is statutory. If the rules do not provide for it, the court cannot order it. The principle applies to all courts. The appellate court cannot exercise a power the trial court lacks. The rule ensures that courts act within their statutory powers. The court must follow the applicable rules. The deletion of a provision is significant. The court cannot revive an abolished power.