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ELDER RUFUS ABEE & ANOR V. CHIEF DOUGLAS O.N. AWALA & ORS

(2011) JELR 33923 (CA)

Court of Appeal  •  CA/PH/412/2005  •  11 Apr 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement
<p>TUNDE OYEBANJI AWOTOYE, JCA (Delivering the leading : ): This is the judgment in respect of the appeal filed by the plaintiffs in the lower court against the Ruling of High Court of Rivers State delivered on 29/9/2004.</p><p> The plaintiffs at the lower court had filed a motion on notice on 8/6/2004 praying for leave to discontinue and withdraw the action. The lower court after hearing the parties refused the plaintiffs leave to discontinue and withdraw the suit. The court then dismissed the action.</p><p> It is against this ruling that the plaintiffs being aggrieved filed this appeal after the transmission of the record of appeal from the lower court to this court, parties exchanged briefs of argument.</p><p> The appellants in their brief of argument deemed filed on 6/10/2009 formulated one issue for determination as follows:-</p><p> "1.WHETHER HAVING REGARDS TO THE CIRCUMSTANCES OF THIS CASE LEARNED TRIAL JUDGE WAS WRONG IN THE EXERCISE OF HIS DISCRETION OF MAKING AN ORDER DISMISSING THE SUIT INSTEAD OF …</p>

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