Is a No Case Submission Applicable in Civil Cases?

CASE TITLE: MUHAMMAD v. SULEIMAN (2024) LPELR-61695(CA)
JUDGMENT DATE: 26TH FEBRUARY, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

This appeal borders on civil procedure.

FACTS:
This is an appeal against the decision of the Sokoto State High Court, Sokoto Judicial Division in Suit No. SS/CS/26/2021, delivered on April 3, 2023

The plaintiff had filed a suit seeking various declaratory and injunctive reliefs regarding a parcel of land in Gidan Fulani Area, Arkilla, Sokoto. These reliefs included declarations about the nature of the land, removal of structures erected by the defendant, and injunctions against the defendant’s actions on the land. The defendant denied the claims and argued for the dismissal of the suit.

During the trial, both parties presented evidence, and the defendant’s counsel made a no-case submission after the plaintiff’s case and the Court’s visit to the site. The trial judge ruled in favor of the defendant, stating that there was insufficient credible evidence from the plaintiff’s side to compel the defendant to enter a defense. Consequently, the plaintiff’s suit was dismissed.

Dissatisfied with this decision, the plaintiff appealed.

ISSUES FOR DETERMINATION:
The Court determined the appeal on the following issues, viz:

1. “Whether the Learned trial Judge was right to have upheld the applicability of “No Case Submission” in civil matters/causes.”
2. “Whether given the state of pleadings and evidence adduced on behalf of the Appellant/Plaintiff, the dismissal of the case of the plaintiff (Appellant) in Suit No. SS/CS/26/2021 by the trial Court led to any miscarriage of justice.”

DECISION/HELD:
In the final analysis, the Court dismissed the appeal.

RATIOS:
● ACTION- DECLARATORY RELIEF(S): Duty on a party seeking declaratory relief
● ACTION- DECLARATORY RELIEF(S): Whether declaratory reliefs can be granted on mere admission or default of defence
● CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: Whether a no-case submission is applicable in civil cases
● JUSTICE- MISCARRIAGE OF JUSTICE: What amounts to miscarriage of justice?
● PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: When a Preliminary objection should be filed and when a Motion on notice would suffice

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