When a suit is dismissed, one might not be allowed to file a fresh suit unlike in a situation where a suit has been struck out.

“It is true… that when a suit is dismissed, one might not be allowed to file a fresh suit unlike in a situation where a suit has been struck out.The words “dismissed” and struck out” are terms of art and are not supposed to be used interchangeably in a Ruling or Judgment. However, more often than not, the terms are used interchangeably by the litigants and the courts.It is therefore incumbent that when the court is called upon… to determine whether a party can file a fresh suit after the first one has been dismissed or struck court, the court should look at the circumstances of each case to arrive at a decision. The mere fact that the trial court uses the words “dismissed” does not expressly mean that a fresh suit cannot be filed if indeed the court meant that the suit should have been “struck out” so as to allow a party to file a fresh suit.” (Emphasis Added)