STANLEY SHENKO ALAGOA J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Ondo State High Court sitting at Okitipupa delivered by Obaremo. J on the 27th January 1998 on a motion filed by the Appellant, then Defendant asking the court to dismiss the Respondents' claim on the ground that the claim was statute barred. Dissatisfied by the Court's ruling that the claim was not statute barred, the Appellant has appealed to this court by a Notice of Appeal dated the 6th February 1998 and filed on the 9th February 1998. The facts leading up to this appeal are that the Respondents as Plaintiffs filed a twenty eight paragraph statement of claim which are contained on pages 4-8 of the Record of Appeal. In response the Appellant as Defendant filed a fifteen paragraph statement of defence dated 10th March 1995 and which is contained on pages 18-20 of the Record of Appeal. In paragraph 13 of the said Statement of defence, the Appellant as defendant had pleaded that …