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ADELAKUN
V.
AKINBAYO & ORS

(2015) JELR 42268 (CA)

Court of Appeal 3 Jun 2015 Nigeria
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- The Appellant challenged the trial court’s jurisdiction by moving to dismiss the Respondents’ suit as statute-barred under Sections 16(1)(a), 16(2)(a), and 21 of the Limitation Law of Lagos State, 2003, arguing that an action relating to

Case Details

Suit Number:CA/L/71M/2013
Judges:JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:E.A. Oyebanji with S.C. Eznibe For Appellant Oluwaseun Onyide for 1st -3rd Respondents For Respondent

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The Appellant filed an appeal against the judgment of A. M. Nicol-Clay, J. delivered on 19th January, 2012 dismissing the Appellants motion on notice dated 7/9/2011 challenging the jurisdiction of the trial court on the ground that 1st -3rd Respondents suit is statute barred.

The Summary of the facts of this case is that Appellant's motion dated and filed on 7/9/2011 for the following reliefs:

1. An order of the high court dismissing the claimant's suit on the ground that they became statute barred.

Grounds

(i) The claimant's suit has been caught up by the provision of Section 16(1)(a) and 21 of the Limitation Law of Lagos State 2003.

Same was supported by an affidavit of 13 paragraphs and attached for exhibits the proof together with a written address. The Respondents filed a counter affidavit of 28 paragraphs in response together with (2) exhibits wherein after arguments, the court dismissed the motion. The…

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