MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant as plaintiff, had taken an action against the Respondents in Suit No. FHC/UY/CS/45/2008 before the Federal High Court, sitting at Uyo, Akwa Ibom State. Pleadings and statements on oath of witnesses for the parties were filed and hearing commenced on the 3/11/2009 with the adoption of the Plaintiff s witnesses' statement on oath. The Plaintiffs' only witness was one Samuel Bassey Peter, a member of its Registered Trustees, who after adopting his statement on oath, filed notice of discontinuance of the action based on a resolution by a majority of the Registered Trustees said to have been passed at an emergency meeting held on the 15/3/2010. Before then, learned counsel for the plaintiff Bassey Akpaetim, Esq., had filed a motion seeking an order to strike out the evidence of Samuel Bassey Peter for the plaintiff and leave to call another witness in his place.
Learned counsel had also filed a notice of prelimin…