KLIFCO NIGERIA LIMITED V. NIGERIA SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD (FORMERLY, NATIONAL PROVIDENT FUND MANAGEMENT BOARD)

OMAGE JCA (Delivering the Lead Judgment): In this appeal, the defendant in the court below seeks an order to set aside the judgment of the Federal High Court sitting in Port Harcourt, coram S. O. Ojutalayo. The judgment was delivered on 22nd November, 1991. The appellant filed four grounds of appeal and formulated the following four issues: “Was the debt subject matter of the suit statute barred and did the pleadings of the defendant/appellant cover the situation?

Was exhibit J a letter of the defendant/appellant an admission of a stale debt enough to revive the debt? A Was exhibit L, of any probative value in this case?

Was the learned trial Judge right in his interpretation of the probative value and effect of exhibits- C1 and M - M1?

The respondent who was the plaintiff in the court below formulated the following issues: Whether the learned trial Judge was right in holding that appellant had not adequately pleaded the defence of limitation of action. Whether the learned trial Judge …