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HON. MINISTER, FEDERAL CAPITAL TERRITORY & ANOR v. MONONIA HOTEL NIGERIA LIMITED & ANOR

(2010) JELR 49043 (CA)

Court of Appeal  •  CA/A/28/2008  •  15 Dec 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JIMI OLUKAYODE BADA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the FCT High Court contained in a ruling delivered on the 14/5/2007 in Suit No. FCT/HC/CV/1654/2006 dismissing a preliminary objection that the action was statute barred. The 1st Respondent herein, as Plaintiff in the High Court, had taken out a writ of summons on which were endorsed claims for declarations, injunction and damages against the Appellants. The claims were repeated in the statement of claim which accompanied the writ filed on the 14/7/2006.

After receipt of the writ and the statement of claim, the Appellants entered a conditional appearance and raised the preliminary objection that the action was by virtue of the provisions of Section 2(a) of the Public officers Protection Act, cap 379, Laws of the Federation of Nigeria, 1990, (to be called cap 379 after now) statute barred on the ground that it was filed after expiration of three (3) months from the date the cause of theā€¦

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