7. B. ISSUES TO BE RESOLVED 7.4. The basic legal question this Court shall answer is whether or not after issues have been joined in a case, the said case can be withdrawn or discontinued by the Plaintiff? 7.5. A secondary issue which is not necessarily decisive of this case is, what constitutes abuse of court process, and does it exist in this instant case? 8. DISCUSSIONS 8.1. The first question this Court shall answer is whether or not after issues have been joined in a case, the said case can be withdrawn or discontinued by the Plaintiff? 8.1.1. To answer this question, we shall look to the Rules of Procedure governing this Court for guidance. - 28 The Rules of Procedure, Title II Procedure, Chapter 7 Discontinuance, provide as follows: “Article 72 “If, before the Court has given its decision, the parties reach a settlement of their dispute and intimate to the Court the abandonment of their claims, the President shall order the case to be removed from the register and shall give a decision as to costs in accordance with Article 66(8), having regard to any proposals made by the parties on the matter.” “Article 73 “If the Applicant informs the Court in writing that he wishes to discontinue the proceedings, the President shall order the case to be removed from the register, and shall give a decision as to costs in accordance with Article 66(8) of these Rules.” 8.1.2. We observe that the Rules provide two ways by which a case in this Court can be discontinued: (a.) by the parties reaching a settlement, and (b.) by the Applicant informing the Court in writing. We note that the Rules are silent on whether the joinder of issues is a prerequisite or if there are other conditions forming the bases of a party to be allowed to withdraw or discontinue his case. 8.1.3. For this, we shall look to the jurisprudence of this Court for possible guidance.

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