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MRS. CAROLINE AGBODIKE v. MR. EMEKA AGBODIKE

(2016) JELR 36793 (CA)

Court of Appeal  •  CA/E/319/2008  •  10 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of Honourable Justice P. A. C. Obidigwe sitting at the Nnewi Judicial Division of the High Court of Anambra State, delivered on the 3rd of March 2008.

In the Ruling, the lower Court refused the application to relist Suit No. HN/69/2002 struck out on the 16th day of May 2007.

SYNOPSIS OF FACTS

The Suit, the subject matter of this Appeal was instituted by Ordinary writ of summons filed on the 18th of April 2002. - Page 5 of the Record of Appeal.

In Paragraph 26 (1) and (11) of the Statement of Claim filed on the 18th of April 2002, the Appellant (Plaintiff in the Court below,) claims from the Defendant (Respondent in the present case) the following:

i) N10,000,000.00 (Ten million naira) being special, general and exemplary damages from the Defendant for his unlawful act.

ii) An order of perpetual injunction restraining the defendant by himself, agents, servants and privies, from engaging the Plain…

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