immediately thereafter, the Counsel for Plaintiffs/Applicants informed the Court that he had filed a Motion seeking the special leave of court for permission to withdraw and/or discontinue their case against all the Defendants/Respondents. 6.5. ORAL ARGUMENTS BEFORE COURT 6.5.1. After listening to the information of Counsel for Plaintiffs as to his desire to withdraw or discontinue his suit against all the Defendants, the Counsel for the 1st, 2nd, 6th and 7th Defendants responded by informing the Court that in essence, he does not oppose the withdrawal or discontinuance of the suit by the Plaintiffs so long as the Plaintiffs will not re-file or come back in a new suit. 6.5.2. Counsel argued that it is the duty of counsel to professionally conduct the business of his client, and where the counsel blunders, he must bear the consequences of his action (and/or in-action). Counsel strenuously argued that the case had now reached a determinant factor to decide whether or not to dismiss the case or have it withdrawn. He continued that all pleadings had been filed, exchanged - rested, and that the Defendants had filed Preliminary Objections to the suit awaiting disposition by the court only for the Counsel for Plaintiffs to come at that crucial moment to say he wants to withdraw or discontinue the suit. Counsel argued that this court cannot be reduced to a kindergarten school. - 26 6.5.3. Counsel for1st, 2nd, 6th and 7th Defendants argued that for the Plaintiffs to withdraw this suit and re-file another suit would amount to abuse of court process. The 1st, 2nd, 6th and 7th Defendants further argued that a trial court has the jurisdiction to strike out a case with an order barring Plaintiffs from coming back with the same action. 1st, 2nd, 6th and 7th Defendants also contended that where issues have been joined in a case, the proper order to make in an application for discontinuance of an action is dismissal. Therefore, 1st, 2nd, 6th and 7th Defendants prayed the court to dismiss Plaintiffs’ case in its entirety. Counsel then prayed to be awarded costs in an amount equal to 10% of the damages claimed by the Plaintiffs in their originating application. 6.5.4. The 4th and 5th Respondents, by and thru their counsel made a similar submission to that made by the 1st, 2nd, 6th and 7th Defendants and stressed or emphasized that once issues have been joined in a case, a party is not allowed to withdraw or discontinue his case but rather the trial court should properly dismiss and not merely strike out the suit.