BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court of Makurdi Division, Coram: Hassan Dikko J, in Suit No. FHC/DT/CS/89/2022: Mr. Michael Anebi Unata V. Mr. Dogulas Onyilo and Ors delivered on 21/12/2022, in which the lower Court struck out the 1st Respondent’s Suit for being statute barred, but still proceeded to grant the claims of the 1st Respondent as Claimant against the Appellants as Defendants in the event that its decision that the Respondent’s Suit was statute barred turns out to be wrong.
The Appellants were peeved with the said judgment of the lower Court and had appealed against it vide their Notice of Appeal filed on 30/12/2022 on Seven Grounds of Appeal. See pages 342 -348 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 6/1/2023. A Notice of Preliminary Objection was filed on 8/2/2023 by the 1st Respondent. The parties filed and exchange their br…