YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of HON. JUSTICE A. M. NICOL CLAY sitting at the High Court of Lagos State, Lagos Division wherein by a ruling delivered on the 5th day of October, 2011 the trial court struck out the suit of the Respondent upon a Notice of discontinuance filed after pleadings have been filed and exchanged. The appellant contended that the suit should have been dismissed and aggrieved with the decision of the court; it filed a Notice of Appeal dated 23rd day of November, 2011 on a sole ground of appeal.
FACTS:
The brief facts of this appeal are that the appellant was one of the defendants to the suit of the Respondent herein at the trial court. The Respondent while at the trial court as claimant sought from the appellant as defendant several reliefs amongst which are declaration of title, injunction and damages. The subject matter is land.
Pleadings were filed and exchanged but before it could go to tr…