OKORONKWO JCA (Delivering the Lead Judgment): This appeal arose from the decision of Hon. Justice P. A. Onamade of the High Court of Ogun State sitting at Ota Division of that judiciary. Wherein the learned trial judge on 7 January 2003 dismissed the appellant’s suit because, as the judge held, it (the suit) “has not disclosed a cause of action against the defendant” and further, refused appellant’s application to restore the suit to be heard.
Before further examining the issues raised in the case, I find it convenient as to restate a guiding principle and beacon of our legal firmament clearly enunciated in 1911 in the case of Dyson v. Attorney General 1911, 1 KB 410 at 419, where Fletcher A Moulton LJ stated the cautionary guide thus: “To my mind, it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any court having considered his right to be heard, except in cases where the cause of action was obviously and al…