TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the appeal against the Ruling of E.N. Thompson J. of Rivers State High Court sitting in Port Harcourt delivered on 3/06/2005. The defendant in the court below had applied for the dismissal of the action of the plaintiff on the ground that the action was statute-barred. The court below after considering the submissions of learned counsel on both sides dismissed the action on the said ground that the action was statute-barred.
The plaintiff being aggrieved by the Ruling of the trial court filed on appeal to this court on 13/6/2005.
After the transmission of record of appeal to this court the plaintiff now appellant filed his brief of argument which was deemed filed on 15/6/09.
The Respondent, who was the defendant at the court below also cross-appealed. The Respondent subsequently filed Respondent's/cross-appellants brief.
Counsel for each of the parties filed preliminary objection to the appeal and the cross-app…