MUHAMMAD JCA(Delivering the Lead Judgment): The plaintiff’s claim as per his writ of summons is for:
“1. Recovery of possession of the one three bedroom flat, one two bedroom flat and two single rooms situate at No. 225, old Ughelli road,Agbarho which the defendant holds ofthe plaintiff as a monthly tenant. Mesne profit at N100 per month.
Special and general damages.”
Pleadings were filed and exchanged. In its amended statement of defence, the defendant raised a preliminary objection to the suit thus:
“1. The defendant will before or at the trial of this action raise by way of preliminary objection the undermentioned points of law and will urge on this honourable court to strike out or dismiss this action as the same is a nullity.
No cause and/or reasonable cause of action has been disclosed against the defendant in the amended statement of claim filed by the plaintiff. The action is statute barred, the case having been instituted more than one year after the cause of action arose contra…