Ratio Decidendi

Per Muhammad, JSC, in The Young Shall Grow Motors Limited v. Okonkwo & Anor (2010) NLC-123-248-2002(SC) at p. 5, para. E:

"Striking out a suit/case in its general connotation is the act of discontinuance or termination of the life span of that suit/case either temporarily or permanently."

Explanation / Scope

This principle defines striking out as the act of discontinuance or termination of a suit, either temporarily or permanently. The principle applies where suits are struck out. It ensures that the effect of striking out is understood. The principle reflects the nature of striking out. It distinguishes striking out from dismissal. The court must apply the correct order. The principle provides guidance on the meaning of striking out.

Striking out terminates suit temporarily or permanently.

Cases Applying This Principle