EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Judgment): This Appeal No. SC.294/2011 is against the judgment of the Court of Appeal delivered on 11-4-2011 in Appeal No. CA/B/93/2007 allowing the said appeal to it, setting aside the ruling of the Federal High Court at Benin that struck out Suit No. FHC/B/CS/131/2005 for being statute-barred and for nondisclosure of cause of action and remitting the suit back to the said Federal High Court of Benin for trial.
The parties herein have filed, exchanged and adopted their respective briefs as follows - amended appellant’s brief and respondent’s brief.
The amended appellant’s brief raised one issue for determination as follows-
“Whether the respondent’s suit disclosed any reasonable cause of action”
The respondent’s brief also raised one issue for determination as follows -
"Whether the suit discloses reasonable cause of action.”
The issue raised for determination in the brief of each party is the same. It is not a valid issue for determinatio…