LEGAL PRINCIPLE: CIVIL PROCEDURE – Discontinuance – Effect of Discontinuance – Whether Brings Action to an End Against Discontinued Defendants
PRINCIPLE STATEMENT
A discontinuance, in my view, brings the action or that part of the action as is discontinued to an end against the defendants or such of them against whom the action has been discontinued without further intervention from the court.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Ogunkunle & Ors v. Eternal Sacred Order of the Cherubim and Seraphim & Ors (2001) NLC-1921997(SC) at p. 8; Paras A–B.
"A discontinuance, in my view, brings the action or that part of the action as is discontinued to an end against the defendants or such of them against whom the action has been discontinued without further intervention from the court."
EXPLANATION / SCOPE
Discontinuance terminates the action (or the discontinued part) against the specified defendants immediately, without needing further court intervention. The discontinued defendants are effectively removed from the suit. No court order is required to give effect to the discontinuance—it operates automatically. The plaintiff cannot later revive the action against those defendants without filing a fresh suit. This rule provides finality for discontinued defendants. They need not await court approval to be free of the action. The discontinuance must be properly filed, but once filed, the action against them ends.