AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling delivered on 25/3/2015 by the High Court of Imo State, holden in the Etiti Judicial Division presided over by Hon. Justice E.O. Agada. The lower Court in its ruling appealed against dismissed the Appellants action consequent to a Notice of Discontinuance dated 20/1/2014 and filed on 21/1/2014, brought under Order 23 Rule 3 of the High Court of Imo State (Civil Procedure) Rules 2008 (hereafter to be simply referred to as Rules of the lower Court). Prior to the filing of the notice of discontinuance, the Appellants had adduced evidence through a witness who was fully cross-examined after he had testified in-chief, and another witness who had been partially cross-examined after he had completed his evidence in chief.
The ruling of the lower Court appealed against is a short one and I consider it appropriate to re-produce the same. It goes thus:-
By a Writ of Summons and particula…