(2011) JELR 51063 (CA)    

Court of Appeal  ·  CA/C/24/2010 ·  6 Apr 2011 ·  Nigeria
Other Citations
CRUTECH v. Obeten (2011) 15 NWLR (Pt. 1271) 588
Core Terms Beta
cause of action
trial court
public officers
statement of claim
appellant’s counsel
first issue
learned counsel
applicable law
preliminary objection
second issue
suit no. hc
appellant’s letter
certificate of medical fitness
learned trial judge
rights of the parties
said court
abuse of court processes
aforesaid ruling of the learned trial judge
amended law
appellant’s brief
condition of service
cross river state
cross river state of nigeria
established position of the law
facts of the case
high court
honourable court lacks jurisdiction
interlocutory appeal
issue of the action
jurisdiction of the trial court
law cross river state
law of cross river
learned respondent’s counsel
month period
old law
particular method
plaintiff claims
public officers protection
record of appeal
resolution of the instant appeal
respondent’s appointment
respondent’s initial letter
second letter
statutory limitation period
termination of the plaintiff
unenforceable cause of action

OREDOLA JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of P. M. Ekpe, J. of the High Court, Cross River State of Nigeria, sitting at Calabar, delivered on 24 July 2009 and in which the said court struck out the preliminary objection raised by the appellant herein, on the basis that it was misconceived. Parties were then ordered to file their respective depositions within 14days and the matter was subsequently adjourned to 23 October 2009 for hearing.

The gravamen of the preliminary objection raised by the appellant/ defendant before the trial court was that the suit instituted by the respondent herein as the plaintiff was statute-barred. The facts of the case as garnered from the statement of claim contained in the record of appeal include the following. Therespondent was employed by the appellant. The respondent’s initial letter of appointment was dated 19 June 1997. The respondent’s appointment, which was later confirmed, was terminated via …

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