OKORO
V.
OKORO & ANOR.
·
Okoro v. Okoro (1998) 3 NWLR (Pt. 540) 65
UBAEZONU JCA (Delivering the Leading Judgment): The Appellant, in the lower court claimed as follows;
"(a) Return of the wife - the 1st defendant and the child whose pregnancy she was carrying when she was enticed away from her matrimonial home.
(b) Special damages- N280,000.00 being cost of his property removed by the defendants.
(c) General damages - N1,000.000.00 for depriving him of the use of the property and for enticement of his wife - the 1st defendant."
The appellant however failed to file his statement of claim within time. In consequence, the respondent by a motion dated 30th January, 1996 prayed the court for an order dismissing or striking out the suit. By a motion dated 5th February, 1996, the appellant prayed the court for an Order for extension of time within which to file his Statement of claim. Both motions came up for hearing at the lower court on 7th February, 1996. The learned trial Judge, M.U. Edozie J., heard the motion for dismissing or striking out the suit. S…