Ratio DecidendiRatio DecidendiRatio Decidendi



OKORO & ANOR
V.
ELEKWANYA & ANOR

(2018) JELR 38739 (CA)    

Court of Appeal  ·  CA/OW/146/2015 ·  25 Jul 2018 ·  Nigeria
CORAM
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
case
order
lower court
appeal
notice of discontinuance
2nd defendant
civil procedure
learned trial judge
rules of the lower court
supreme court
counter claim
instant appeal
ruling of the lower court
statement of defence
notice of appeal
notice of discontinuance of the suit
pan atlantic shipping
grounds of appeal
high court of imo state
honourable court
j. trial
mastery of the case
particular order
proper order
suit of the claimants
trial judge
view of their notice of discontinuance
1st claimant
1st defendant lineage of duruenyeregi
appellants action
counter-claim of the defendants
court of law strike
custom of the parties dimofor
filing of the notice of discontinuance
following words
leave of a judge
lower court of its discretion
main action
notice of withdrawal of the appellants action
okwe-owerre autonomous community
order of this court
particulars of claim
pre-trial conference
registry of the said court
respondents brief of argument
said suit
stage set
undated statement of claim

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:-

RULING

By a Writ of Summons and particula…

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