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Discontinuance Of Suits

CHAPTER  3. DISCONTINUANCE OFF SUITS
PARAGRAPH 1. COMPROMISE AND WITHDRAWAL

Art. 274.- Principle
(1)    . The parties may by a compromise agreement relating to all or some of the matters in issue terminate a dispute with respect to which a suit has been instituted.
(2)    Without prejudice to the provisions of this Chapter, the provisions of Arts, 3307-3324 of the Civil Code shall apply to compromise agreements, in particular as regards the effect of, appeal from and invalidation of such agreements.

Art. 275- Making of compromise agreement
(1)    A compromise agreement may at any time be made by the parties at the hearing or out of court, of their own motion or upon the court attempting to reconcile them.
(2)    The court may, on the application of the parties, indicate to them the lines on which a compromise agreement may be made.

Art. 276- Contents of compromise agreement
(1)    A compromise agreement shall contain
(a)    the name and place of the court in which the suit is pending;
(b)    the title of the action and the number of the suit;
(c)    the name, description, place of residence and address for service of the parties; and
(d)    the matters to which the agreement relates.
(3)    The compromise agreement may settle all accessory matters, in particular as regards costs, damages and execution.

Art. 277- Recording of compromise agreement
(1)    Where a compromise agreement is made at the hearing, it shall be reduce to writing and signed by the parties and the court shall thereupon enter it in the case file on being satisfied that its terms are not contrary to the law or morals.
(2)    After entering the compromise agreement in the case file the court may, on the application of the parties, make an order or give judgment in terms of such agreement.
(3)    Where a compromise agreement is made out of court, the court shall be informed thereof and the plaintiff may apply to the court for permission to withdraw from the suit.

Art.278- Withdrawal or abandonment with leave
(1)    At any time after the institution, of a suit the plaintiff may, as against all or any off the defendants, withdraw his suit or abandon part of his claim.
(2)    Where the court is satisfied;
(a)    that a suit must fail by reason of some formal defect; or
(b)    that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim,
it may, on such terms as it thinks fit, grant the plaintiff permission to with draw form such suit or abandon such part of a claim wit liberty to institute a fresh suit in respect of the subject-matter off such suit or such part of a claim.
(3)    In any fresh suit instituted on permission granted under sub-art. (2), the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.

Art. 279- Withdrawal or abandonment without leave.
(1)    Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to in Art 278 (2), he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim.
(2)    Nothing in this Article shall be deemed to authorize the court to permit one of several plaintiffs to withdraw without the consent of the others.

Art, 280- Extinction of cause of action
Where at any stage of a suit it is proved to the satisfaction of the court that the cause of action no longer exists, the court, shall, pm such terms as to costs as it thinks fit, dismiss the suit and record a reasoned order to that effect.

PARAGRAPH 2. PAYMENT INTO COURT
Art. 281- Deposit by defendant of amount in satisfaction of claim

(1)    The defendant in any suit to recover a debt or damages, may, at any stage of the suit, deposit in court such sum of money a he considers a satisfaction in full of the claim.
(2)    Notice of the deposit shall be given through the court by the defendant to the plaintiff, and the amount of the deposit shall, unless the court otherwise directs, be paid to the plaintiff on his application.

Art.  282- Deposit accepted as satisfaction in part
(1)    Where the plaintiff accepts the amount deposited as satisfaction in part only of his claim, he may prosecute his suit for the balance.
(2)    Where the court decides that the deposit by the defendant was a full satisfaction of the plaintiff’s claim, the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous thereto, so far as they were caused by excess in the plaintiff’s claim.

Art. 283- Deposit accepted as satisfaction in full
(1)    Where the plaintiff accepts the amount deposited as satisfaction in full of his claim, he shall present to the court a statement to that effect, and such statement shall be filed and the court shall pronounce judgment accordingly.
(2)    In directing by whom the costs of each party re to be paid, the court shall consider which of the parties is most to blame for the litigation.