CIVIL PROCEDURE — Non-Suit — Meaning — When Appropriate
Ratio Decidendi
Per Fabiyi, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 7; Paras B—C:
"A non-suit denotes that the plaintiff failed to prove something which was essential to his case or that the case which he had proved was different from that which he had pleaded. The desire by the appellant to embark upon another trial of his counter-claim is most unwarranted in the prevailing circumstances of this matter."
Explanation / Scope
This principle defines a non-suit as occurring where the plaintiff failed to prove an essential element of their case or proved a case different from their pleadings. The principle applies where non-suit is considered. It ensures that non-suit is properly applied. The principle reflects the circumstances for non-suit. It prevents unnecessary retrials. The court must consider the circumstances. The principle provides guidance on non-suit.