IHEJIRIKA & ORS
V.
IHEANACHO & ANOR

(2018) JELR 38948 (CA)    

Court of Appeal  ·  CA/OW/116/2017 ·  25 Jun 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
days
rights of the parties
appellants
notice of appeal
final order
judgment
order
ors
case
court
ground
law
motion
parties
respondent
suit
trial court
appellant fails
appellants notice of appeal
ayobode olujimi lokulo-sodipe
case law
chief olisa metu
civil cause
clear terms
court of appeal act
final decision
final decision of the trial court
garuba vs omokhodion
giving of notice of appeal
high court of imo state
interlocutory decision
interlocutory order
issues
ita george mbaba
karibi-whyte
leading judgment
leave of court
matter
n30,000.00 costs
notice
notices of appeal
particular issue
raphael chikwe agbo
record of appeal
subject matter of the controversy
subordinate issue
suit no.
supreme court

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 …

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