CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Plaintiff at the trial Court instituted suit No. HUK/40/2009 against the Appellant as defendant claiming the reliefs set out in the writ of summons and statement of claim (see pages 3-9 of the Records).
The Appellant thereafter filed a motion on notice praying the Court to dismiss or strike out the Respondent's suit for being improper, statute barred and an abuse of Court process. The Respondent filed a counter affidavit and written address in opposition of the said motion.
The Learned trial Judge in his ruling on the motion dismissed the Appellant's motion and thereafter the matter proceeded to the pre-trial stage.
At the pre-trial conference on the 2/12/2010, the Respondent proposed that the Court should resolve the issue of who should be in possession of the land in dispute at the pre-trial stage. The proposal was based on the admission of the defendant in paragraph 5 (c) and (g) of her statement of…