A party cannot be compelled to litigate and may withdraw or discontinue the action. SC held that no court can force a person to litigate per Republic v HC Ex Parte Asakum Engineering & Construction Ltd. A P may discontinue upon realisation that case may not succeed, and such terminates court’s authority over case per Odompre v Aryeetey. Upon withdrawal P is ordered to pay cost and shall not be raised as an estoppel.
A person who has filed appearance is entitled to withdraw appearance at any time but with leave. O 17r2 discontinuance without leave where P notice or withdraw any part of claim at any time before or after being served SOD provided P doesn’t take any other step like reply or amend SOC. Discontinuance with leave in all other situations other than above, during or after hearing or trial, by motion and affidavit, granted subject to cost.
Court may order application to be discontinued or strike out any cause of action per Amoako v Kwan. The court may also grant leave to P with liberty to re-litigate, but where no express grant of liberty P cannot re-litigate per Ibe v Pan African Metals Ltd. The court may refuse leave to re-litigate if action is frivolous or vexatious or abuse of process per Afeke v Agble.
All parties may consent to agree to in writing to withdrawal. Generally, cost awarded after discontinuance is final order and must be paid even if P is granted leave to re-litigate else fresh action will be stayed.