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OLATAWURA, JSC (Delivering the Leading Ruling): This application before us has nothing to do with the merit of the appeal filed against the judgment of the Court of Appeal, Benin Division delivered on 28th June, 1991. It raises issue of procedure as to the legality or propriety of withdrawing a "notice" already filed by an appellant that he does not wish to prosecute the appeal. To withdraw an appeal is straightforward and uncomplicated but to withdraw a notice already filed has now given rise to the eloquent submissions made before us. Whatever be the merits of this application, it is necessary to state background facts which are not in issue.
The plaintiff at the court of trial sued the defendants and claimed the following reliefs
"1. A declaration that in accordance with the Customary Law of Asaba, the provisions of the Traditional Rulers and Chiefs Edict 1979 and of 8.S.L.N. 139 of 1979, regulating the succession to the title of Asagba of Asaba, it is the turn of Umuezei (Ezenei…