(2014) JELR 40019 (CA)    

Court of Appeal  ·  CA/J/43/2010 ·  26 Feb 2014 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria CHIOMA E. NWOSU-IHEME Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
26th day of october
learned trial court
lower court
28th day of september
8th day of june
domestic remedy
supreme court
21st day of may
action statute
appeal process
learned trial judge
paragraphs a
report of its committee
set aside
8th day of july
amended notice of appeal
cases of akilu v
cost of this action
decision of the learned trial judge
dispute of the parties
empty cause of action
good starting point
governing body
grounds of appeal
grounds of statute bar
internal disputes
internal redress
leading judgment
local government
notice of appeal
paragraphs c
provisions of the university of jos act
respondents decision
result of the said lapses
ruling of the federal high court
severance of the plaintiffs appointment
suit no. fhc
support of the submission of the learned counsel
t. o. ayanfulu
trial court
trial court hold
view of the answer

TIJJANI ABDULLAHI, J.C.A. (Delivering the leading Judgment): This is an appeal against the Ruling of the Federal High Court, Jos, presided over by Stephen Adah (J) in suit No. FHC/J/CS/3/2008, delivered on the 8th day of July, 2008, wherein the Appellant's case was dismissed by the learned trial Court for being statute barred.

In a reserved judgment, the learned trial Judge held inter-alia thus:

"It follows therefore that the Plaintiff who slept on his right and woke up to approach this Court well after the period prescribed by the law has elapsed is left with a bare, empty cause of action which is unenforceable as a result of the said lapses. I hold therefore that this suit is totally barred. It is accordingly dismissed."

Dissatisfied with the decision of the learned trial Judge, the Appellant approached this Court and filed a notice of appeal consisting of two grounds. With leave of this Court, the Appellant filed an Amended Notice of Appeal containing a total of four grounds. The B…

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