LEGAL PRINCIPLE: CIVIL PROCEDURE — Striking Out — Effect of Striking Out Party on Allegations Against That Party
PRINCIPLE STATEMENT
With the striking out of a party, allegations against that party cease to be material to the determination of the case.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 17–18; Paras E–A.
"I believe with the striking out of the 3rd respondent, paragraph 17 of the petition ceased to be material to the determination of the petition."
EXPLANATION / SCOPE
Allegations against a struck-out party become immaterial. The principle applies to civil procedure. The court will disregard such allegations. The rule ensures that the case proceeds only against remaining parties. The petitioner cannot continue to rely on allegations against struck-out parties. The principle is well-established.