CHAIRMAN MORO L.G
V.
LAWAL

(2007) JELR 52416 (CA)

Court of Appeal 5 Feb 2007 Nigeria
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- The case involves an appeal against a judgment in a suit filed by the respondents against the appellants. - The main issue in the appeal is whether the respondents' action is statute-barred. - The appellants argue that the suit is statute

Case Details

Suit Number:CA/IL/49/2005
Counsel:Obi Okwusogu Esq. (with him, Y. L. Akanbi Esq.) - for the Appellants. -*- Alhaji Aliyu Salman SAN (with him, Ibrahim Jimoh Esq.) - for the -*- Respondents.

SANKEY JCA (Delivering the Lead Judgment): This appeal is predicated on the Judgment of Honourable Justice J. F. Gbadeyan of the Kwara State High Court, Ilorin delivered on 30 June 2005.

The respondents, as plaintiffs, filed a suit under the “Undefended List” procedure against the defendants, now appellants, on 28 April 2005. Therein they claimed the total sum of N25,767,174.81k (twenty-five million, seven hundred and sixty-seven thousand, one hundred and seventy-four naira, eighty-one kobo) plus 10% (ten percent) of the total sum until the judgment sum is finally liquidated. The principal sum claimed was said to represent the salaries of the respondents from June 1999 to November 2000, May 2001 to December 2001 and January 2002 to May 2002. Approved furniture allowances and severance gratuities were also included in this claim.

The writ of summons containing the plaintiffs’ claim was supported by an affidavit and exhibits. Upon being served the summons, the appellants filed a notice …

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