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IBANGA EKWERE v. ATTORNEY GENERAL OF AKWA IBOM STATE & ANOR

(2016) JELR 48862 (CA)

Court of Appeal  •  CA/C/140/2014  •  8 Jun 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant at the trial Court filed an action against the Respondents by a writ of summons claiming Five Hundred Million for malicious prosecution. The Respondents before filing their statement of defence, filed a motion on notice for preliminary objection on the basis that the Appellant's action was statute-barred.

On the 4th of December, 2013 in a considered Ruling, C. U. Ikpe, J., of the Eket Division of the Akwa Ibom State High Court agreed with the Respondents that the suit was statute barred and dismissed it for want of jurisdiction. This appeal is predicated on the said Ruling.

SUMMARY OF FACTS:

On the 23rd of December, 2011, the trial Court delivered a Ruling on a No case submission in charge No. HEK/2C/2009. THE STATE v. CHIEF IBANGA EKWERE and JOSEPH OKPOSIN. The two accused persons at the trial Court were charged with the offence of murder. At the close of the prosecution's case, the trial Court upheld theā€¦

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