GBADEGBE, JSC
This is an appeal from the decision of the Court of Appeal. By its decision, the Court of Appeal upheld the trial High Court’s order of dismissal of an application to dismiss the action herein on a point of law. The circumstances in which the appeal arises may be stated shortly as follows. For convenience, in these proceedings, the parties shall bear the same designation that they bore in the trial court and accordingly the respondent herein shall be described simply as the plaintiff and the appellant herein as the defendant.
The plaintiff claiming that the defendant had breached its contractual undertaking to construct a cold store for him took out the writ of summons herein claiming a refund of the sum of US $250,000.00 which it considered as due out of an amount of US$ 400,000.00 which he had paid to the defendant towards the execution of the contract. In her defence to the action, the defendant averred among others that the action was statute barred. As the appeal here…