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YEKINI OGOH v. ENPEE INDUSTRIES LIMITED

(2003) JELR 47137 (CA)

Court of Appeal  •  CA/L/468/97  •  18 Jun 2003  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA; ABUBAKAR ABDUL-KADIR JEGA JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant, as plaintiff, commenced action against the respondent, then the defendant, at the Lagos State High Court presided by Honourable Justice F. A. Owobiyi. The writ taken out by the appellant is dated 3rd February, 1988. Appellant was by the said writ claiming the sum of one hundred thousand naira being special and general damages against the respondent. Respondent had wrongfully dismissed the appellant from its employment vide the letter dated 3rd July, 1981.

Pleadings were ordered, filed and exchanged between the parties.

By a motion on notice, dated 24th day of March, 1993, the respondent asked of the lower court for:

(1) An order dismissing this suit for not having been commenced within 6 years from the accrual of the alleged cause of action.

(2) And for such further order or orders as this Hounourable Court may deem fit to make in the circumstance.

A seven-paragraph affidavit supported respondent's applica…

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