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PRINCE TOM IKECHI EDEBOR V. ELF PETROLEUM NIGERIA LTD

(2011) JELR 48462 (CA)

Court of Appeal  •  CA/PH/130/2006  •  7 Jul 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
Benjamin Obiora Esq. For Appellant W. Boms with S. C. Amadi and A. Aghedo For Respondent

Judgement

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…

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