MONICA B. DONGBAN-MENSEM J.C.A. (Delivering the Leading Judgment): This is a Ruling on the motions on notice filed and dated 19/03/13 and 28/02/13 respectively by the 3rd and 4th appellants. The reliefs sought are identical and are as follows:-
(1) AN ORDER striking out the Notice of withdrawal filed purportedly on behalf of all the Appellants in this Appeal, same having been filed without the due authorisation and consent of the 3rd Appellant.
(2) AN FOR SUCH FURTHER Order or orders as this Honourable court may deem fit to make in the circumstance."
The grounds for the application to strike out the notice of withdrawal as endorsed on the motion Papers are:
1. The Notice of withdrawal was filed purportedly on behalf of all the Appellants including the 3rd Appellant/Applicant herein.
2. The 3rd Appellant/Applicant did not authorize or consent on the filing of the Notice of withdrawal.
3. The 3rd Appellant/Applicant did not at any time instruct Counsel to file notice to withdraw his pe…