SPDC
V.
ADIZUA

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This judgment relates to an interlocutory appeal against the ruling of the Federal High Court sitting at Owerri (hereinafter referred to as the lower court),delivered on the 17th day of October, 2008 by Hon. Justice C.V. Nwokorie, J. The motion on notice which led to this appeal was filed by the appellant/defendant (hereinafter referred to as the appellant) on the 13th day of October, 2008, wherein the appellant sought the order of the lower court to dismiss and/or strike out the plaintiff/respondent's (hereinafter referred to as the respondent) suit for being statute barred, the cause of action having arisen in 1972. The said motion on notice was supported by a nine paragraph affidavit. It is important to point out clearly here, that the respondent for reason(s) best known to him failed to file any counter affidavit or any process whatsoever in response to or as a factual challenge to the appellant's application a…