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 MOTION ON NOTICE FOR THE APPLICANTS st nd th WITHDRAWAL/OR 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……” “The term leave is defined by the Nigerian Supreme Court in the case of Broad Bank Nigeria Limited VsOlayiwola& Sons Limited (2005) 4M.J.S.C 133 at 143 paragraph E per I. C. Pats-Acholonu, JSC thus:“The term "leave" in judicial context imports the exercise of the court's discretion either positively or negatively as it would be outside the bounds of reason to take for granted that the court would willingly grant an application” “1.0.2. The Court of Appeal of Nigeria defined leave as spelt out in the case of ASONIBARE v. MAMODU & ANOR (2013) LPELR-22192(CA) (P. 22 paras. DE) Per DANIEL-KALIO, J.C.A. thus:"Leave of Court" according to Black's Law Dictionary, 9th Edition means "Judicial permission to follow a non-routine procedure". According to that dictionary, it is often shortened to "Leave," “1.0.3. The Supreme Court of Nigeria also made it clear the consequences of failure to seek the leave of Court to do an act where leave is required. In the case of EkanemEkpoOtuVs ACB International Bank PLC (2008) 3M.J.S.C. 191 at 206 paragraph G. “Where leave is required either in the Constitution or in the rules of Court and leave is not sought and granted, the Court has no jurisdiction to grant the motion as it is incompetent” “1.0.4. A communal reading of paragraphs 1.0.1 to 1.0.3 above will reveal among other things that a party seeking “leave” of court for a relief has on his own admitted that the relief sought is not expressly granted by court but derivable through the court’s discretion exercised judiciously and judicially.” - 21 “1.0.5. The distinguishing factor in all the cases cited and relied on by the respondents and applicants’ application here is that while the parties who withdrew or discontinued those cases made applications to withdraw/discontinue, the Applicants chose the path of “Judicial permission to follow a non-routine procedure.” The Applicants are seeking leave of the Honorable Court. Also, the

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