the respondent herein) appeal to the Federal Court of Appeal (hereinafter called simply “the Court of Appeal”) was on the basis that the learned trial Judge erred in law in refusing to consider and assess the unchallenged evidence in support of his case, and that, in any event, it was no longer within his competence – he having entered a non-suit – to further order a transfer of the claims to another Judge for re-hearing. (Delivering the Leading Judgment): On the conclusion of the testimony of the plaintiff (the respondent herein) and those of his two witnesses in support of his claims for a declaration of title to land, damages for trespass thereon and an order of injunction in relation to the said land, – the defendant (the appellant herein) having refrained from calling any evidence whatsoever in rebuttal – the High Court of Midwestern (now Bendel) State (Ekeruche, J.), on Tuesday, the 17th day of August, 1976, refused to consider and/or assess the evidence before it and without any prior argument on the issue for and on behalf of the parties to these proceedings entered an order of non-suit against the respondent and, in addition, ordered that the claims be heard de novo before another Judge.
