AKWA IBOM STATE HOUSE OF ASSEMBLY & ORS
V.
MBOM

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.

BACKGROUND FACTS

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…