IHEJIRIKA & ORS
V.
IHEANACHO & ANOR

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants are defendants in suit No. HOW/31/2005 pending at the High Court of Imo State sitting at Owerri. In the suit the plaintiff are laying claim to property known as No. 40 Wetheral Road Owerri. Issues were joined and pleadings exchanged. By a motion filed on 28-11-2016, the appellants prayed the trial Court to dismiss or strike out the case for want of jurisdiction. The ground for seeking this order was that the action was statute barred. Affidavits and written addresses were exchanged by the parties. The trial Court heard the motion and on 14th February 2017 delivered its ruling dismissing the application. Dissatisfied with this ruling, the appellant filed this appeal.

The appellant filed two notices of appeal, one on 22-2-17 and the other on 17-3-17. In arguing the appeal, appellants counsel emphatically informed the Court that the appeal is founded on the notice filed on 17-3-17 which is contained at pages 88 …