CROSS RIVER UNIVERSITY OF TECHNOLOGY (CRUTECH) V. MR. LAWRENCE O. OBETEN

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of P. M. Ekpe, J. of the High court, cross River state of Nigeria, sitting at Calabar, delivered on 24th July, 2009 and in which the said court struck out the preliminary objection raised by the appellant herein, on the basis that it was misconceived. Parties were then ordered to file their respective depositions within 14 days and the matter was subsequently adjourned to 23rd October, 2009 for hearing.

The gravamen of the preliminary objection raised by the appellant/defendant before the trial court was that the suit instituted by the respondent herein as the plaintiff was statute barred. The facts of the case as garnered from the statement of claim contained in the record of appeal include the following. The respondent was employed by the appellant. The respondent's initial letter of appointment was dated 19th, June, 1997. The respondent's appointment, which was …