Victoria Aduke & Anor V. Solomon Aiyelabola (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Declaration of title—No case for defendant to answer— Appealfrom judg-Retrial.

Facts

In a claim for declaration of title to land the trial Judge at the close Court.

of the case for the plaintiff held that no case had been made out for the defendant to answer and gave j udginent for the defendant. No submission had been made to this effect.

Held

That plaintiffs having established a prima /facie case, the trial Judge was not justified in stopping the case before all the evidence was before him merely because the evidence for the plaintiff was ” most unsatisfactory “.

New trial ordered before a different Judge.