CaseLaw
Omo V. Amantu (1993) CLR 4 (A) (CA)
Brief
Facts
The plaintiffs/respondents sued the defendants/appellants. The case was set down for trial on 1st December 1989 but on the 27th November 1989 the 3rd respondent on behalf himself and the other respondents filed a notice of discontinuance.
When the case was called, the respondents were absent. The court announced that the respondents had filed a notice to discontinue the suit. The learned counsel to the appellants then observed that since issues had already been joined and settled since 1987, the application should have been made by leave of the court. He urged the court to strike out the notice of discontinuance. It was held that the notice filed was sufficient.
The respondents were dissatisfied with the said ruling and appealed to the Court of Appeal.