The use of the summary procedure for possession under the provisions of order 50 of the High Court Rules is limited only to virtually uncontested cases for which default of summary judgment can be obtained or in clear cases where there is no issue or question to try, i.e. where there is no reasonable doubt as to claim of the claimant to recover possession of the land or as to the wrongful occupation of the land without licence or consent and without any right, title or interest thereto – Henderson V. Law (1984) 17 HLR 237. It is only applicable in the clearest of cases where the title of the claimant to the land is not in dispute and has been confirmed. Where the existence of a serious dispute is apparent, this procedure should not be used – Adedipe v. Theophilus (2005) 16 NWLR (Pt 951) 250. In Madam Sinotu Osinowo V. Persons Named Unknown (1976) 10 CCHCJ 2551, Cole J, speaking of order 113 of the English Rules, stated at page 2555 thus: “This Order, in my view, is meant only to be employed in uncontested cases, where there is no issue or questions to be tried, and there is no reasonable doubt to the claim of the plaintiff to recover possession of the land, as example where the person wrongfully occupying the land cannot claim any right, title or interest in the land whatsoever.”
– Abiru, JCA. Okoli v. Gaya (2014)