(2018) JELR 39064 (CA)    

Court of Appeal  ·  CA/PH/427/2013 ·  6 Feb 2018 ·  Nigeria
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
preliminary objection
23rd february
record of appeal
extension of time
suit no. phc
22nd february
exhibit b
honourable court
learned trial judge
nwlr pt
bottom of the ruling
heading of the ruling
instant appeal
judgment of the rivers state high court
leading judgment
notice of preliminary objection
said judgment
cases of ezenwosu
circumstances of this appeal
considered ruling delivered 26th february
coram c. a. okirie j.
crux of this appeal
date of the delivery of any decision
demerit of the appeal
earlier motion
face of the ruling
hearing of the appeal
isaiah olufemi akeju
notice of intention
obvious reasons
practice of the court
present appeal
previous decision
rules of this court
said date of hearing
said respondents
subject matter
substantial reason
substantial reasons
such action
support of the notice of preliminary objection
tabik invt ltd.
theresa ngolika orji-abadua
trial court
true copy of the judgment
true copy of the ruling of this court
view of the order of this honourable court

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal metamorphosed from the judgment of the Rivers State High Court (hereinafter the lower/trial Court) per Hon. Justice S. C. Charles-Granville in suit No. PHC/1326/2004, delivered on 23rd February, 2010. The said judgment which went in favour of the claimant who before us the respondent, incensed the defendant (appellant) to institute this appeal against the judgment.

In line with the rules and practice of the Court, the respective parties filed and exchanged briefs. The appellants brief dated 10th December, 2014, filed 16th December, 2014 but deemed properly filed and served on 19th January, 2016 as well as the appellants reply brief dated 26th May, 2016 and filed 27th May, 2016 were each settled by AYODEJI ADEDIPE, Esq. The respondent on their part filed a Notice of Intention to Rely Upon Preliminary Objection dated and filed 24th May, 2016. They also filed a respondents brief wherein the argument on his pr…

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