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EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 7th December, 2004 the Federal High Court, sitting at Yenagoa (Coram: Okechukwu J. Okeke, J) delivered a ruling wherein it held that the Appellant's suit no. FHC/YNG/NG/CS/522/2004 was statute barred by virtue of Section 16 of the Limitation Law of Rivers State applicable in Bayelsa State. Aggrieved by the decision of the Federal High Court the Appellants, as the Plaintiffs, filed their notice of appeal against the decision on 21st February, 2005.
On 21st January, 2011 the Respondent filed Notice of Preliminary objection contending that the interlocutory appeal, brought more than 75 days after the decision appealed, offended Section 24 (2) (a) of the Court of Appeal Act, 2004. The period prescribed by Section 24 (2) (a) of the Court of Appeal Act for bringing an appeal against interlocutory decision is 14 days.
The preliminary objection was argued in the Respondent's Brief filed on 21st January, 2011. The said brief was deemed fâŚ