(Application To Discontinue)

A. Introduction

[1] The Plaintiff's Counsel had on the second day of the trial applied to have the suit discontinued with liberty to file afresh. The application was made orally by Counsel for the Plaintiff.

[2] Note that I have enquired as to the need that such a request must be undertaken through a notice of motion and an affidavit in reply. Counsel for the Defendants countenanced that the requirement to file an application with a supporting affidavit should be dispensed with in view of the status of this suit. As parties agreed to dispense with this requirement, I then proceeded to hear the said application.

[3] This Court after considering the oral application by the Plaintiff's Counsel and the issues put forth by the Defendants' Counsel finds that leave to withdraw the claim should be allowed without liberty to file afresh and co