(2018) JELR 38886 (CA)    

Court of Appeal  ·  CA/C/198/2017 ·  13 Apr 2018 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
preliminary objection
cause of action
limitation law
laws of akwa ibom state
jurisdiction of the court
competence of the suit
lower court
appellate court
conclusive effect
general cause list
limitation law cap
offended section
present appeal
second issue
substantive issue
suit no. hu
trial court
amended statement of claim
amended writ of summons
appellants brief of argument spans
complete agreement
coram ekaette f. f. obot
court lacks jurisdiction
facts of the instant case
honorable court
leading judgment
learned lord
paragraphs d a.
paragraphs f-g
preliminary issue
rule of court
ruling of the high court of akwa ibom state high court
ruling of the learned trial judge
said decision
said suit
service of the processes
statute bar
time frame
vexed question

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is consequent upon the ruling of the High Court of Akwa Ibom State High Court, holden at Uyo Judicial Division, delivered on December 7, 2016, in Suit No. HU/3/2015. By the said decision, the Court below, coram Ekaette F. F. Obot, J; over-ruled the Appellants [Defendants] preliminary objection challenging the competence of the suit for being statute barred.


On March 4, 2015, the Respondent instituted the said suit in the Court below vide an undefended list, thereby seeking the sum of N17,913,600.32 [Seventeen Million, Nine Hundred and Thirteen Thousand, Six Hundred Naira and Thirty-two kobo] being money due and owing from the Appellants to the Respondent.

Upon service of the processes thereon, the Appellants filed an affidavit disclosing a defence on the merits. Whereupon, the Court below transferred the matter to the general cause list on May 16, 2015. Parties filed their respect…

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