Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OFUBU & ORS
V.
EREBULU & ORS

(2021) JELR 108848 (CA)    

Court of Appeal  ·  CA/AS/311/2018 ·  31 May 2021 ·  Nigeria
CORAM
Mohammed Ambi-Usi Danjuma JCA Joseph Eyo Ekanem JCA Abimbola Osarugue Obaseki-Adejumo JCA

Ratio Decidendi

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal was heard on 8/2/2021 when judgment was reserved. Judgment was prepared and ready within the period stipulated but it could not be delivered within the stipulated time because of the strike action of Judiciary Staff Union of Nigeria (JUSUN.) The strike is yet to be called off but the facility to deliver the judgment online has just been made available to this Court. This is why the judgment is being delivered through zoom today.

The appeal is against the ruling of the High Court of Delta State, in the Bomadi Judicial Division (the lower Court) delivered on 2/3/2018 in suit No. HCB/8/2016 by M. N. OBI, J. In the judgment, the lower Court ruled that the action of the appellants was statute-barred and it accordingly dismissed the same.

Aggrieved by the decision, the appellants filed a notice of appeal to this Court against the same on 15/5/2018 which notice was amended by the order of this Court.

​The facts of the case…

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