mu s t , as an i nfl exi ble ru le, l ead to t h e di s mi s s al o f th e ap peal .” “(Underlining mine.)” “We therefore submit most humbly that the appropriate order for this Honorable Court to make in the circumstance is dismissal of the suit. The applicants cannot be allowed to withdraw and/or discontinue a suit at a point when “litis contestatio” had been reached and we urge Your Lordships to so hold. See: YOUNG SHALL GROW MOTORS LTD V. OKONKWO &ANOR, supra.” “2.1. Therefore, it is crystal clear that applicants’ counsel are on a sticky wicket journey shopping around this court in multiplicity and duplicity of actions looking for whichever that might favor them and we urge this court to resist same.” “Further, the applicants contended in their written address in support of their motion that mistake or sin of the counsel cannot be visited on the litigants. We submit that such argument of counsel in that regard can only hold water where the purported “mistake of counsel” is one bothering on statements of fact or facts alone and in which case the courts are enjoined to allow amendment in respect thereof at any time before judgment is delivered, but certainly not on matters law, practice and procedure as in the instant case.” - 11 “It is clear from the affidavit of the applicants that the alleged mistake of counsel is one of law, practice and procedure and therefore the case of Ubako V Ezekwem cited by the applicants cannot come to their aid as same is manifestly inapplicable. The purported mistake of counsel came about as a result of limited knowledge of the law, practice and procedure or insufficiency of common law rules of practice, and thus cannot avail the applicants and we urge the court to so hold.” “2.2. We further submit that even if the applicants’ application ought to be given any consideration at all, the law requires that cogent and convincing materials must be placed before the court as evidence of the alleged mistake of fact and not of law (if any) to enable them be entitled to any relief whatsoever.” “Again, the pertinent question that comes to the mind of any right thinking person at this point would be: whether parties can frivolously file an action before any competent court of law and withdraw same at will without recourse to any laid down rules of procedure? To the above question we answer in the negative.” “We submit that applicants’ counsel having been properly briefed and retained are deemed to have full knowledge of the rules and practice of the court in respect of