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MRS. LARE DAWHA AND MR. JOHN M. MUSA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A. ADEJUMO PRESIDENT PROF. B.B. KANYIP MEMBER MR. N.A.B. ATILOLA MEMBER SUIT NO: NIC/13M/2003 DATE OF RULING 3RD JUNE, 2004 LABOUR LAW National Industrial Court - Discontinuance of suit - Suit pending before National Industrial Court - Right of a party to discontinue. NATIONAL INDUSTRIAL COURT Discontinuance of suit - Suit pending before National Industrial Court - Right of a party to discontinue. ISSUE Whether an Applicant has a right to discontinue his suit at the National Industrial Court. FACTS The Applicant, by way of motion on notice applied to the National Industrial Court, seeking an order restraining the Respondent, his agents and privies from parading himself as chairman of the National Association of Nigerian Nurses and Midwives (Abuja Chapter). While the matter was still being heard, the Applicant filed a notice of discontinuance of the suit. HELD: (Striking out the application): On Right of party to discontinue his suit before the National Industrial Court - Rule 21 of the National Industrial Court Rules permits a party, as the Applicant herein, to discontinue or withdraw his suit before judgment is given. In this case, even though the Applicant’s counsel was not present to move the application, the court invoked rule 4 of the Rules to grant the prayer and struck out the suit.