The Federal High Court, No. 2, Sitting in Benin City,has struck out the case that borders on who is the authentic Chairman of the APC in Edo State.
Counsel for the 1st Claimant -Anselem Ojezua and Ors. Aghomon Enahoro Esq leading Y. O Odiase Esq.
Told the Court they had a Notice of discontinuance, to discontinue the Suit.
Counsel for the 1st Defendant and ors. Colonel David Imuze -Douglas Ogbankwa Esq leading R .M Jimoh, objected to same, on the ground that, the plaintiff has not served him and he is not aware of same.
He stated further that the plaintiff’s Counsel sworn to an affidavit non multiplicity of suit as provided under, Order 9 Rule 1 (d) of the Federal High Court Rules, 2019 and the Plaintiff has contravened same going to the State High Court to an Exparte Order while the subject Suit was still pending ,which he stated was a flagrant abuse of Court Process that borders on the integrity of the Court.
He also stated that, if the court is magnanimous to grant the order he will be asking for the cost of #1m Naira as the Court has the power to do so,to serve as a deterrence to other would be Litigants .
The plaintiff’s Counsel objected to same on the ground that, he has the prerogatives to file notice of discontinuous. He cited the case of Ogbu V Inamshi where it was held that, the moment a notice of discontinue the matter is terminated.
Douglas Ogbankwa replied on points of law stating that the authority cited by the Plaintiff’s Counsel is otiose and distinguishable,as it is not longer applicable to Federal High Court Civil Procedure Rules 2019 ,which has made provisions for non multiplicity of suit and same must be complied by way of Affidavit duly filed in this instance by Counsel to the Plaintiff.
The Court struck Ojezua’s case and asked Counsel to the 1st and 2nd Defendants to bring the pedency of the Suit herein struck out at the State High Court to the Notice of the Edo State High Court ,where the similar suit ,being complained against is pending.