(2018) JELR 38719 (CA)    

Court of Appeal  ·  CA/B/378/2014 ·  4 Jun 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of defense
learned trial judge
said reply
witness statement
plot a
leave of court
plot b.
abuse of court process
appellants counsel
statement of claim
circumstances of this case
civil procedure
high court of delta state
particular land
written statement
beginning of this case
dismissal of appellant
substantial justice
support of the motion
written address
abuse of the process of court
amended statement of claim
amendment motion
amendment of the said processes
close of evidence file
court process
parties exchange pleadings
present disposition of courts
respect of the facts
said errors
statement of defense amounts
2nd day of april
appellants brief of argument
behalf of the parties
courts determination
interlocutory decision of the high court of delta state
part of the respondents
respondents brief of argument
submissions of counsel
support of his application

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Interlocutory decision of the High Court of Delta State sitting at the Ughelli Judicial Division and delivered on the 19-3-2014 by EBIOWEI TOBI, J wherein the Court ruled against the Appellant who was Claimant and dismissed his motion on notice to withdraw his Reply to Statement of Defense and Witness Statement on oath both dated 8-4-2013 after parties had closed their cases. The Ruling is at pages 195 to 199 of the Record.

Dissatisfied with the said Ruling the Appellant has filed a Notice and Grounds of Appeal on the 2nd day of April, 2014. The Notice and Grounds of Appeal is at pages 200 to 204 of the Records. There are five (5) Grounds of Appeal filed, which have not been reproduced in this judgment but shall be referred to from time to time whenever the need to do so arises.


Three (3) issues were nominated by the Appellant for the determination of this Appeal as fo…

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