EMMANUEL MEKAOWULU V. UKWA WEST LOCAL GOVERNMENT COUNCIL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. HUK/2/2004, delivered on 22/6/2005 by Hon. Justice S.N. Imo (as he then was), whereof the Court held, against the Plaintiff (now Appellant), that the action was statute-barred.

At the Lower Court, the Appellant (as Plaintiff) had claimed:

(1) The sum of N11,703,729.00, being the money owed by the defendant to the Plaintiff.

(2) The sum of N1,700,000.00, being the Plaintiffs Solicitors fees to recover the owed sum.

(3) 10% interest per annum on the owed sum till judgment is given, and another 10% interest per annum on the judgment debt from the date of judgment till when the debt is liquidated.

The Suit was placed on the Undefended List on the application of the Appellant. The defendant (Respondent) subsequently filed a Notice of intention to defend the Suit and affidavit therefor, following which the Suit was transferred to the general Cause List for hearing …