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GULF OIL COMPANY (NIGERIA) LIMITED V. CHIEF OMETA OLUBA MR. NESIAMA OLUBA (For themselves and on behalf of Oluba family of Okoyitoru)

(2002) JELR 53150 (CA)

Court of Appeal  •  CA/B/39/94  •  18 Feb 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA (Presided) SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment) KUMAI BAYANG AKAAHS, JCA

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Bazunu, J. of the defunct Bendel State (now Delta State) High Court of Justice sitting in Warri and delivered on the 25th day of November 1992 in a motion on notice dated 12th of March 1990 in which the defendant (now appellant) invoked Order 24, rules 2 and 3 of the Bendel State of Nigeria High Court (Civil Procedure) Rules, 1988 as applicable to Delta State praying the court below to dismiss the plaintiffs’ (now respondents’) claim as disclosed in the statement of claim because it is statute barred by virtue of section 4 of the Limitation Law of Bendel now applicable to Delta State.

On the 8th of October, 1992 the court below heard the motion dated 12th of March 1990 on the preliminary point of law raised in paragraph 7 of the appellant’s statement of defence. In a considered ruling delivered on the 25th of November 1992, the learned Judge held, inter alia , as follows:

“It is my considered view t…

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