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ONNA TRADITIONAL RULERS COUNCIL & ORS
V.
UMOREN & ORS

(2018) JELR 39238 (CA)

Court of Appeal 22 Mar 2018 Nigeria
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- The case involves a suit filed by the 1st and 2nd Respondents against the Appellants. - The Appellants challenged the jurisdiction of the trial Court based on the statute of limitation. - The trial Judge dismissed the motion challenging j

Case Details

Suit Number:CA/C/79M/2017
Judges:CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:S. J. Efik, Esq. with him, G.U. Bassey, Esq. For Appellant Anietie Akpabio Esq. for 1st & 2nd Respondents.Emem Uyire, Esq. for the 3rd - 5th Respondents For Respondent

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents were the Claimants at the trial Court in a suit they filed against the Appellants as Defendants.

The Appellants filed an objection challenging the jurisdiction of the trial Court to hear the case among other objections on the ground that the suit as constituted was statute barred against the Public Officers therein by virtue of Section 2(a) of the Public Officers Protection Law of Akwa Ibom State.

In a considered Ruling delivered by Enoh Isangedighi, J, of the Eket Division of the Akwa Ibom State High Court on the 15th of December, 2016 in suit No. HEK/106/2014, the learned trial Judge dismissed the motion challenging his jurisdiction on the grounds among other grounds that the Statute of Limitation Law i.e the Public Officers Protection Law is not mandatory but directory and that the Appellants having filed a statement of defence, are deemed to have waived their right to complain. This appe…

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