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LINUS IHESIABA v. YOUNG SHALL GROW MOTORS LIMITED

(2016) JELR 40936 (CA)

Court of Appeal  •  CA/L/1012/2009  •  15 Dec 2016  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State, in the Lagos Judicial Division delivered on the 9th day of December, 1998 by A. F. Adeyinka J. in suit No: ID/726/1996.

At the lower Court, the Appellant as Plaintiff commenced the suit via a Writ of Summons and Statement of claim filed on the 28th day of February 1996 and 2nd September 1996 respectively as contained at pages 1-10 of the Records of appeal. The Appellant/Plaintiff filed an Amended Statement of Claim dated 28th April 1998 found at pages 42-48 of the Records of appeal. The Respondent/Defendant filed a Statement of defence and Counter-claim dated 4th February 1998, the Respondent/defendant also filed an application dated 28th April 1998 praying for an order striking out the Appellant's claim on the basis that the claims were statute barred. In the Ruling delivered on the 9th day of September 1998, the lower Court upheld the application of the Resp…

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