5.2.7. When this case was called on December 03, 2015, pursuant to a regular
Notice of Assignment for hearing of the Preliminary Objections filed by the
Defendants, and after the notation of representations/announcement of
appearances, the counsel for the Plaintiffs/Applicants brought to the court’s
attention that he had, on September 14, 2015, filed in the Registry of this Court, a
Motion on Notice begging leave of the Court for permission to withdraw and/or
discontinue the proceedings in this suit against all the Respondents, (Document
number 10 aforesaid).
5.3. PLAINTIFFS’ MOTION FOR DISCONTINUANCE/WITHDRAWAL
5.3.1. In their Written Address to
withdrawal/discontinuance, the Plaintiffs stated:
support
their
Motion
for
“FACTS:
“Applicants commenced this Suit by way of the Originating Motion in 2014
against the Respondents.
3.01. Counsel in this matter were privileged to be part of the Lawyers from the
Owerri Branch of the Nigeria Bar Association (NBA) who participated in the 7th
Judicial Retreat/Seminar of the ECOWAS COURT OF JUSTICE, where
Counsel learnt a few new things arising from discussions on the Application and
Implementation of ECOWAS Court Rules.”
“ISSUES
FOR
DETERMINATION:”
“Whether the Applicants can withdraw and/or discontinue the entire proceedings in
this Suit against the Respondents at any stage before judgment.”
- 7“ARGUME
NT:
“5.01. During the Retreat, a lot of issues were raised and discussed including
Practice and Procedure as well as Improved Access to Court wherein Counsel for
the Applicants learnt so many new things that made Counsel take steps to
regularize innocent mistakes made in the commencement of the Originating
Motion arising from typographical errors and/or mistake of Counsel when Counsel
included the word “President”; to Federal Republic of Nigeria as a party while
commencing the action. Humbly referred to paragraphs 6, 7, 8 and 9 of the
Affidavit in Support.”
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