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CHIEF CHIDI IMEGWU JP & ORS V. RISONPALM LTD. & ORS

(2011) JELR 33153 (CA)

Court of Appeal  •  CA/PH/195/2001  •  28 Mar 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; (OFR) JCA; ISTIFANUS THOMAS JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ISTIFANUS THOMAS J.C.A (Delivering the Leading Judgment): The interlocutory appeal is against the ruling of the High Court of Rivers state, Port Harcourt Division, delivered on 13th Feb, 1996, by M. R. E. Manuel, (Judge) in which he dismissed the appellant's application for amendment of their writ of summons and statement of claim with a plan survey on the land in dispute.

Dissatisfied with the ruling, the appellants filed a Notice of Appeal on 24th April, 1996 containing 2 grounds of appeal.

The concise facts of this interlocutory appeal is that, at the lower court, the appellants in a representative capacity for themselves and as representing the entire citizens of Umuagbai Community in Ndoki, Oyingbo Local Government Area of Rivers State, Commenced the action by a writ of summons filed on 2nd June, 1992. The writ was against the respondent, namely Risonpalm Ltd. The appellants as plaintiffs filed their statement of claim.

By a motion on notice, the second sets of defendants, but no…

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