discovered they made a mistake. The applicants are being economical with the
truth because they cannot claim not to have noticed their mistakes after going
through the various defences filed by the Respondents. The Supreme Court has in a
plethora of authorities severally held that when issues have been joined, the proper
order to make in an application by a Plaintiff or counterclaimant for withdrawal is
dismissal.”
“The Applicants’ application is an Originating Application brought under the
African Charter on Human and Peoples Rights and the Constitution of the Federal
Republic of Nigeria 1999 as amended where all documentary evidence have been
front loaded and oral evidence may not be called.”
- 15 “We humbly urge the court to exercise its discretion in favour of the Respondents
in this case by dismissing the suit with substantial cost.”
5.5. PLAINTIFFS’ REPLY ON POINTS OF LAW
5.5.1. In response to the various Counter Affidavits of the Respondents opposing
the Applicants right to withdraw and/or discontinue their suit, the
Plaintiffs/Applicants then filed two separate but similar (almost repetitive)
responses/REPLIES on POINTS of Law, in rejoinder to the issue raised by the said
Respondents. Likewise, we herein reproduce the full texts of the Applicants
rejoinder/ie. REPLY on POINT of LAW:
“REPLY ON POINT OF LAW TO APPLICATION OF THE 1 ST, 2ND, 6TH AND
7TH RESPOND ENT S AGAINST APPL ICANTS’ MOTION FOR LE
AVE TO
DISCONTINUE THIS SUIT”
“INTRODUCTION”
“On the 14th day of September 2015, the Applicants filed their application for
LEAVE of this Honorable Court to allow them withdraw/discontinue this suit
based on the reasons stated therein including but not limited to the awareness or
better understanding garnered by Counsel from the 7th Judicial Retreat of this
Honorable Court at Owerri, Imo State as it concerns proper parties before the
Court. On the 19th day of October, the 1st, 2nd, 6th and 7th Respondent their
“COUN TER AFFID AVIT IN SUPPOR T OF ARGUMEN T AGAINST
THE
APPLICANTS
MOTION
ON
NOTICE
FOR
WITHDRAWAL/OR
st
nd
th
DISCONTINUA NCE” Obviously, the 1 , 2 , 6 and 7th Respondents do
not
understand applicants’ application as they misconstrued it to be
withdrawal/discontinuance simpliciter. It is not, it is application for leave……”