judy.legal
Login Register

MR. KENNETH NWOGU V. PROF. EMMANUEL NWANEKEZI

(2016) JELR 48811 (CA)

Court of Appeal  •  CA/OW/66M/2013  •  21 Dec 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): On 26-6-12, the Respondent filed suit no. HON/24/2012 against the Appellant claiming declaration of title and damages for trespass on Obubu Ede land situate at Umulowe village Nkwerre in Imo State. Upon service on the Appellant of the plaintiffs statement of claim, he filed a motion on notice in Court seeking an order striking out the suit for want of jurisdiction. The 1st ground of the objection was that the suit was statute barred having been filed 12 years after the cause of action arose. This objection was founded on Sections 3 and 4(1) of the Imo State Limitation Law 1994 which provide for the exercise of the right of action within 10 years of the accrual of the cause of action. The trial judge declined to strike out the suit on the ground that Paragraphs 19 and 20 of the statement of claim stated when what he considered the first disturbance on the land occurred but that the final disturbance which lead to the filing…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login