LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Striking Out – Distinction Between Striking Out and Dismissal Under Order 22 Rule 4
PRINCIPLE STATEMENT
Under Order 22 rule 4, where a pleading discloses no reasonable cause of action, the proper order is striking out; the action can only be dismissed if it is found at the same time to be frivolous or vexatious.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Labode v. Otubu & Anor (2001) NLC-1721995(SC) at p. 26; Paras A–C.
"Wherever an application is brought under Order 22 rule 4 ... on the ground that a pleading discloses no reasonable cause of action ... the only prayer that could be sought is an order striking out the relevant pleading. The action can only be dismissed if it is found at the same time to be frivolous or vexatious."
EXPLANATION / SCOPE
Under Order 22 rule 4, striking out is the appropriate order when a pleading discloses no reasonable cause of action. Dismissal requires an additional finding that the action is frivolous or vexatious. Striking out leaves open the possibility of amendment or refiling; dismissal is more final. The distinction protects litigants from permanent foreclosure due to defective pleading alone. The court must examine whether the defect is substantive (warranting dismissal) or merely procedural (warranting striking out). The principle ensures that actions are not dismissed on technical grounds where the claim may have merit. Frivolous or vexatious actions are those without any arguable basis.
