AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal froma Ruling of Odita, J., of the former Bendel State High Court at Benin City in Suit No. A/10/87 wherein he struck out the suit of the plaintiffs/respondents consequent on a Notice of Discontinuance filed by them after pleadings had been filed on both sides with N30.00 cost to the defendants/appellants.
In the original suit which was a chieftaincy case, the plaintiffs (hereinafter to be referred to as the respondents) sued the defendants (hereinafter to be referred to as the appellants) for four declarations, two injunctions and order for accounts.
The details of the case are not necessary here. The important thing is that after a series of interlocutory applications on both sides, the Statement of Claim and an Amended Statement of Defence were finally filed, and the case set down for hearing on 1st December, 1989. However, before that date, the 3rd plaintiff on behalf of himself and the 2nd plaintiff (the 1 st havin…