ONYEJEKWE
V.
ACHEBE

OMAGE JCA (Delivering the Lead Judgment): In this appeal against the judgment of P.N.C. Umeadi J. delivered on 29 April 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 rulingfollowed 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 saidno notice of discontinuance was filed by him on behalfof hisclient andnone was served onthe defendant/ respondent. That the only document he filed on 19 June 2002, 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 June 2002 to discontinue the suit against them and that at the Government House at Awka, the plaintiff’s counsel, in the presence …