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APPLICATION TO WITHDRAW SUIT MUST BE IN WRITING

Dictum

Be that as it may, sufficient provision is made in Order 61 Rule 1 of the National Industrial Court [Civil Procedure] Rules, 2017 for withdrawal or discontinuance of actions. Order 61 Rule 1[1] of the National Industrial Court [Civil Procedure] Rules, 2017 provides: “Where before the date fixed for hearing or judgment, any party to the proceedings desires to discontinue a claim or withdraw any part thereof, such a party shall give notice of discontinuance or withdrawal in writing to the Court and to the other party. The Court shall upon the discontinuance or withdrawal make such order or orders as may seem just.” Sub-rule 3 provides that the application shall be by motion on notice supported by affidavit and filed 7 days before the date fixed for hearing. Order 17 rule 1[1] of National Industrial Court [Civil Procedure] Rules, 2017 provides that, “Where by these Rules, any application is authorized to be made to the Court, such application shall be by motion on notice or motion ex-parte and shall state under what Rules of the Court or Act or Law it is brought.” These Rules require that the application must be in writing and served on the other party.

— I.G. Nweneka, J. Anyina v. Messrs First City Monument Bank Ltd. (NICN/ABK/03/2017, 12th December 2017)

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