ESSIEN J (DELIVERING THE RULING/JUDGMENT): At the resumed hearing of this suit, the learned counsel for the defendant Mr O. S. Sowemimo SAN informed the court that the defendant had filed a preliminary objection to the hearing of this suit on the 8/3/2019. He stated that the defendant has been served with a notice of discontinuance dated 3/5/2019 and filed on the 6/5/2019. This prompted the defendant to file a motion to dismiss the suit on the 10/5/2019, condition upon the notice of discontinuance of this action filed by the claimant. He urged the court to dismiss the suit and to indemnify the defendant by awarding legal cost of ₦1,000,000.
In his response the learned claimant counsel argued that even though the claimant has filed a notice of discontinuance, there is no defence filed in this action. Therefore the proper order to make is an order striking out this suit pursuant to Order 61 Rule 6 of the rules of this court.
The Learned SAN replied that even in the event that the court de…