LEGAL PRINCIPLE: CIVIL PROCEDURE — Striking Out — Consequence of Striking Out Party’s Name
PRINCIPLE STATEMENT
When a party's name is struck out, the allegation made against that person fades and automatically dissipates as the decision of the court in striking out the name constitutes the end of that party as far as its involvement in the case is concerned.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 61; Paras B–C.
"It should be noted and dutifully emphasized that when a party's name is struck out the allegation made against that person fades and automatically dissipates as the decision of the court in striking out the name therefore constitutes the end of that party as far as his or its involvement in the case is concerned."
EXPLANATION / SCOPE
Striking out a party terminates allegations against them. The principle applies to civil procedure. The struck-out party ceases to be involved. The rule ensures finality for removed parties. Allegations cannot continue against a struck-out party. The principle is well-established.
