(2014) JELR 39958 (CA)    

Court of Appeal  ·  CA/PH/115/2006 ·  21 Mar 2014 ·  Nigeria
EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Core Terms Beta
court of appeal act
7th december
interlocutory decision
preliminary objection
statement of claim
21st january
interlocutory appeal
notice of appeal
proper test
rights of the parties
ruling of 7th december
21st february
appeal court jurisdiction
brother ejembi eko
content of the appellants
decision of the federal high court
defendant idoho oil field spillage
ejembi eko
federal high court
finding of fact
flat rate of n20,000.00
hearing of the appeal
interlocutory appeal ought
issue of the competence of the court
leading judgment
lead judgment
limitation law of rivers state
modupe fasanmi
mouth of the appellants
next opportunity
notice of preliminary objection
okechukwu j. okeke
order of the court
privilege of reading
reply brief
rights of the claimant
root of any cause
said spillage
stephen jonah adah
time set
virtue of section

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 7th December, 2004 the Federal High Court, sitting at Yenagoa (Coram: Okechukwu J. Okeke, J) delivered a ruling wherein it held that the Appellant's suit no. FHC/YNG/NG/CS/522/2004 was statute barred by virtue of Section 16 of the Limitation Law of Rivers State applicable in Bayelsa State. Aggrieved by the decision of the Federal High Court the Appellants, as the Plaintiffs, filed their notice of appeal against the decision on 21st February, 2005.

On 21st January, 2011 the Respondent filed Notice of Preliminary objection contending that the interlocutory appeal, brought more than 75 days after the decision appealed, offended Section 24 (2) (a) of the Court of Appeal Act, 2004. The period prescribed by Section 24 (2) (a) of the Court of Appeal Act for bringing an appeal against interlocutory decision is 14 days.

The preliminary objection was argued in the Respondent's Brief filed on 21st January, 2011. The said brief was deemed f…

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