ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The Appellant herein had commenced an action against the Respondent herein claiming inter alia several reliefs as per his Writ of Summons and Statement of Claim. Upon being served with the Originating processes, the Respondent filed a Notice of preliminary objection, challenging the competence of the Appellant's suit on the ground that same had become statute barred. The Appellant filed the relevant counter-affidavit in opposition accompanied with exhibits. Subsequently, after taking argument on the objection, the trial judge, ABUBAKAR, J., (now J CA) of the Federal High Court, Lagos on the 13th of July, 2007 upheld the Respondents preliminary objection and consequently dismissed the Appellant's suit.
Naturally aggrieved with the decision of the Federal High Court, the Appellant commenced this appeal under a Notice of Appeal dated 9th October, 2007 and filed 10th October,2007 containing five grounds as set out…