PRINCE NWAMUNAMMA IFEANYI ONYEJEKWE V. NNANYELUGO FRED ACHEBE AKUNWATA FRED ENWEONWU & ORS

VICTOR AIMEPOMO O. OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal against the judgment of P.N.C. Umeadi J. delivered on 29/4/2005, the court ruled thus "though no notice of discontinuance was found in the court's file, inspite of that the court ruled that he is of the view that the suit was actually discontinued, and he could not explain how the notice took wings and flew."

The ruling followed the content by affidavit evidence before the court below in which the applicant/appellant deposed that he did not file a notice of discontinuance of Suit NO.0/287/2002. He said no notice of discontinuance was filed by him on behalf of his client and none was served on the defendant/respondent. That the only document he filed on 19/6/02 was a notice to produce in the said suit. The respondents, 1, 3 to 12 insist that the appellant filed a notice of discontinuance on 19/6/02 to discontinue the suit against them that at the Government House at Awka, the plaintiff's counsel in the p…