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HYD ROAD & OTHERS TECH LIMITED & ANOR V. ABIA STATE GOVERNMENT & ANOR

(2014) JELR 36164 (CA)

Court of Appeal  •  CA/PH/27/2008  •  16 Dec 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA ITA GEORGE MBABA JCA FREDERICK O. OHO JCA

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal questions the Ruling delivered by the Honourable Justice Obisike Oji sitting then at the Umuahia Division of the Abia State High Court of Justice which Ruling was delivered on the 15th day of November,2006, dismissing the Suit of the Plaintiffs (now Appellants) for being statute barred and un-maintainable.

It would be recalled that the Appellants in their Writ of Summons dated 14th day of April, 2005 and the Particulars of Claim attached thereto dated and filed on the 22nd April, 2005, sought for the following Reliefs against the Respondents thus:-

(a) The sum of US$16,828, 215. 46 (Sixteen Million Eight Hundred and Twenty-Eight Thousand Two Hundred and Fifteen Dollars and Forty-Six Cents) being the amount due to the Plaintiffs from the Defendants for services rendered to the Defendants by the Plaintiffs which debt was acknowledged by the Defendants in writing on the 13th May, 1999 but which the Defendants ha…

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