CIVIL PROCEDURE — Discontinuance of Action — Effect — Extinction of Subject Matter
Ratio Decidendi
Per Muhammad, JSC, in Efet v. INEC & Ors (2011) NLC-123-207-2009(SC) at pp. 18—19; Paras D—A:
"Withdrawal or discontinuance of an action connotes the termination or removal of that action from the cause list of that court. It exists no more before that court. It has slumped down, fainted and ultimately died, only waiting for resurrection where there will be one. Thus, where an action has been withdrawn or discontinued, the only remedy provided by law as in Rule 4 of Order 50 of the Federal High Court Rules, is to institute a fresh, or subsequent action to resurrect the dead, wholly or partially and whether of the same or substantially the same cause of action."
Explanation / Scope
This principle establishes that discontinuance or withdrawal of an action terminates it, removing it from the cause list, and the only remedy is to institute a fresh action to resurrect the dead claim. The principle applies where actions are discontinued. It ensures that discontinued actions cannot be revived except by fresh suit. The principle reflects the effect of discontinuance. It prevents reliance on dead actions. The court must require a fresh action. The principle provides guidance on discontinuance.