ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of K. C. ALOGBA J. of the Lagos State High Court delivered on 28th April, 2010.
The suit in the lower Court was commenced by the Appellant as claimant vide a writ of summons and statement of claim dated 29th February, 2008 together with the lists of witness and documents to be relied upon by the Appellant as well as a written statement on oath.
Pleadings were exchanged by the parties and subsequently on the Defendants filed a notice of preliminary objection dated 15th March, 2010 on the ground that the Claimant/Appellants action was statute barred. This objection was upheld by the trial Court in its Ruling of 28th April, 2010.
The Appellant dissatisfied with the Ruling appealed vide an Amended Notice of Appeal dated 14th May, 2015 filed on 15th May, 2015, on three (3) grounds.
The Appellant's brief is dated 14th May, 2015, and filed 15th May, 2015 same was settled by Abiodun A…