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CHIEF S. O. MADUABUCHUKWU V. ENGR. BONIFACE O. MADUABUCHUKWU

(2005) JELR 55435 (CA)

Court of Appeal  •  CA/PH/27M/2005  •  1 Dec 2005  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment) MONICA BOLNA’AN DOGBAN-MENSEM JCA

Judgement

ADEREMI JCA (Delivering the Lead Ruling): By the application filed on the 26th of January, 2005, the defendant/applicant is praying this court for an order: “Extending the time within which to appeal against the ruling of the Abia State High Court sitting in Umuahia in suit No. HU/78/2004 dismissing his motion praying for an order striking out the plaintiff/respondent’s suit for incompetence by reason of being statute barred.” The said application was supported by a 13 - paragraph affidavit to which were attached two exhibits viz: (a) copy of the notice of appeal and (b) a certified true copy of the ruling of the court below - marked exhibits A andrespectively. In opposition to the said application, is a 14 - paragraph counter-affidavit. When this application came before us on the 6th of June, 2005 for argument, for the reason that many matters among which were substantive appeals, were calling for attention in the court and with the time available, we could not entertain oral argum…

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