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ELABANJO
V.
DAWODU

(2006) JELR 48741 (SC)

Supreme Court 23 Jun 2006 Nigeria
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- The case involves an appeal from a decision of the Court of Appeal, which allowed an appeal from the ruling of the trial High Court. - The main issue in the appeal is whether the trial court was correct in striking out the preliminary obj

Case Details

Suit Number:SC.386/2001
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Omolaja Babington, Esq. For Appellant J. O. Odubela, Esq. (with him, O. Jolawo, Esq.) For Respondent
Other Citations:Elabanjo v. Dawodu (2006) 15 NWLR (Pt.1001) 76 (2006) 6-7 S.C 24 (2006) 6-7 S.C 24, (2006) JELR 56046 (SC)

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Lagos Division, delivered on 21-3-2001, allowing the appeal brought to it in this case from the ruling of the Lagos State High Court of Justice given on 15-10-1999, in which that court struck out a preliminary objection to its jurisdiction brought under section 16(2)(a) of the Limitation Law, Cap. 118, Laws of Lagos State, 1994. The Court of Appeal in its judgment allowing the appeal, set aside the ruling of the trial High Court, sustained the preliminary objection and dismissed the plaintiffs' suit as being statute barred. The appellants who were the plaintiffs at the trial High Court filed their action on 5-12-1996 against the respondent who was the defendant and claimed in their statement of claim paragraph 17 as below:

"17. Whereof the plaintiffs claim as follows:

(a) The plaintiff (sic) claim against the defendant is for possession of two and half plots of land situate, …

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