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VINCENT OBIORA OBIOZO & ANOR V. UAC NIGERIA PLC & ORS

(2018) JELR 34407 (CA)

Court of Appeal  •  CA/E/555/2017  •  18 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
C. H. Asiegbu, Esq. with him, Uchenna Omenaukipi, Esq. For Appellant Steven Onyechi Ononye, Esq. with him, Oliver I. Ugwu, Esq. for the 3rd - 5th Respondents.1st and 2nd Respondents unrepresented For Respondent

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal revolves around the ruling or the order made on the 28th July, 2017 at the High Court of Anambra State sitting in Onitsha wherein the appellants were foreclosed from further Cross-examination of Pw1. The background facts leading to this ruling or order can be recounted:

The appellants had commenced action as plaintiffs and claimed against the respondents several reliefs by way of the Writ of Summons and the Statement of Claim dated the 18th September, 2006. The 3rd, 4th and 5th respondents, as defendants filed a joint Statement of defence and counter-claim wherein the counter-claimants sought several declaratory and injunctive reliefs. Appellants Motion for extension of time to file Appellants reply to respondents Statement of defence and defence to counter-claim was dismissed on the 5th June, 2007. The trial High Court sitting on the 10th November, 2011 further struck out the claim brought by the Appellants fo…

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