Justice Chituru-Oguguo of the Rivers State High Court sitting in Port Harcourt has dismissed a suit filed by Lawrence Anucha, son of the late Dr. Dominic Anucha, a former Deputy Governor of Rivers State, citing it as an abuse of court process.

In Suit No: PHC/233/CS/2025, Lawrence Anucha instituted legal action to reclaim a property originally allocated to his late father but later sold 27 years ago to Rockson Enearu, the defendant and current property owner in Port Harcourt?s GRA.

During proceedings, the defendant?s counsel, Ozununye Geoffrey Nsirim, questioned the legitimacy of the filings, noting that court documents appeared to have been submitted under two similar identities?Dominic Anucha and Lawrence Dominic Anucha?raising concerns about the manner in which the suit was initiated.

He argued that the claimant?s application to discontinue the suit was a strategic move to avoid the implications of procedural irregularities already identified in the case.

Although the claimant sought to withdraw the case, the court held that the matter had progressed beyond the preliminary stage. Issues had been joined, and affidavits?including a motion for joinder and a counter-affidavit?had been filed, with no further challenge by the claimant.

Justice Chituru-Oguguo ruled that at such an advanced stage, a withdrawal amounted to an effective admission of defeat and warranted dismissal rather than a mere striking out of the matter.

?This court finds that the Claimant/Applicant?s application for discontinuance, though to be allowed, appears intended to avoid the consequences of the issues raised in the Defendant/Respondent?s unchallenged affidavits,? the court stated.

?The joinder of issues and adduction of evidence via affidavits preclude striking out, as the matter has progressed beyond procedural stages.?

On the matter of costs, the court agreed with the defendant that the claimant?s conduct and the resources expended in responding to the suit warranted an award of costs.

The judge accordingly ordered the claimant to pay N300,000 to the defendant.

?Accordingly, this court accepts the application of the claimant to withdraw the matter and same is hereby granted. However, the court rejects the application to strike out the suit. Rather, the suit is liable to and is hereby dismissed. Claimant is to pay the Defendant cost assessed at Three Hundred Thousand Naira (N300,000.00) only,? the ruling concluded. (Sahara Reporters)

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