The Vessel “Saint Roland” v. Osinloye  4 NWLR (Pt. 500) 387 at 412 paras. B-D, per Iguh, JSC:
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The above principle is quite necessary because justice in a case is both for the plaintiff and defendant, as well as for the court. So, where a Notice of Discontinuance was filed upon obtaining substantial advantage, it is only proper that the trial court should exercise its discretion in the matter by discountenancing the Notice or allowing same based on terms as may be considered just. The court must not be used as a vehicle to achieve unjust means.