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OMOSOWAN
V.
CHIEDOZIE

(1998) JELR 71852 (CA)

Court of Appeal 14 Jul 1998 Nigeria
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Case Details

Judges:JUSTIN THOMPSON AKPABIO, JCA ISA AYO SALAMI, JCA NIKI TOBI, JCA
Counsel:A.N. Mabu (from Chambers of Chief A.O. Mogboh, SAN) for the appellants; C.C. Ezekwem for the Respondent.
Other Citations:(1998) 9 NWLR (Pt. 566) 477

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against an Interlocutory ruling of OLIKE, J. of the High Court of Anambra State, holden at Akwa in suit No. AA/163/95 wherein he overruled the preliminary objection of the defendant by holding that his Court had jurisdiction to entertain the plaintiffs suit, and not the Federal High Court, and further that claim of the plaintiff placed on the "Undefended List", was not statute barred.

The claim of the plaintiff against the defendants at the court below which was placed on the "Undefended List, and accompanied by an 11-paragraph affidavit in support was worded as follows;

"1. The plaintiff is a Registered Surveyor with requisite qualifications and experience and does business in the name and style Reddfox Surveys.

2. The 1st and 2nd defendants are acquaintances of the plaintiff and are staff of 3rd defendant which has its offices amongst other places in Awka and Onitsha respectively.

3. The plaintiff successfully earned o…

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