Calabar –On Wednesday the High Court of Cross River State, Calabar Judicial Division, granted a group of traditional rulers who had filed a motion to discontinue a legal suit over alleged technical errors in the writ of summons and the withdrawal of one of the claimants in the case, with suit number HC/278/2023, which involves a dispute between some traditional leaders in the Etubom’s Traditional Rulers Council in the state NEGROIDHAVEN has garnered.
The claimants, led by Etubom Ephraim Etim Nsa, Etubom Okon Asuquo, and Etubom Micha Archibong, initially filed an originating summons on 6th December 2023, challenging the legitimacy of a meeting held by the Etuboms’ Traditional Council on 18th January 2023. However, in a motion filed by their counsel, Klearly Legal & Partners, the claimants are now seeking the court’s permission to withdraw the suit.
The claimants cited two main reasons for their decision to discontinue the suit, namely that one of the initial claimants, Etubom Esien Ekpenyong Efiok, formally withdrew from the suit on 11th November 2024. Again, the claimants’ solicitors identified inadvertent technical mistakes in the writ of summons, necessitating the filing of a fresh suit.
In an affidavit deposed by Uket Ifere, a solicitor with Klearly Legal & Partners, the claimants stated that the discontinuance would not prejudice the defendants and that the errors in the writ of summons made it necessary to withdraw and refile the case correctly.
The motion is brought under Order 25 Rule 2 of the High Court of Cross River State (Civil Procedure) Rules 2023, which allows a party to withdraw or discontinue a suit with the court’s permission after a defence has been filed. The claimants’ counsel argued that the right to discontinue a suit is statutory and should be granted unless there is a compelling reason to deny it.
Citing several legal precedents, including Abayomi Babatunde vs Pan Atlantic Shipping and Transport Agencies Ltd (2007) and Nigeria Airways Ltd. v. Lapite (1990), the claimants’ counsel emphasized that the court should not force a party to continue an action they no longer wish to pursue.
The claimants sought the following reliefs from the court:
1. Leave to Discontinue the Suit: The claimants request permission to withdraw the suit due to the withdrawal of one claimant and technical errors in the writ of summons.
2. No Prejudice to Defendants: The claimants argue that the discontinuance will not harm the defendants’ interests.
The defendants in the suit include Etubom Abasi Otu, Ntiero Edem Ofiong Efiwat, and Edem Ita Esien Ededem, who represent attendees at the disputed Etuboms’ Traditional Council meeting. Also named as defendants are the Government of Cross River State and the Attorney General of Cross River State.
The court ruled in favour of the claimants’ motion for discontinuance. It is suspected by some that the claimants may proceed to file a fresh suit addressing the technical errors and the withdrawal of one claimant.
