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MR. PAUL N. OKORO V. HON. ONYA E. OSIM & ORS

(2012) JELR 33865 (CA)

Court of Appeal  •  CA/C/34/10  •  27 Jun 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant had taken out a writ of summons from the Registry of the Cross River State High Court for himself and on behalf of the family of late chief Paul O. Okoro on which were endorsed, claims for declarations and injunction against the Respondents in respect of the property at No. 105 Calabar Road, Calabar.

After service of the writ which was accompanied with the statement of claim to which several copies of documents were annexed on the Respondents (as defendants), the 1st Respondent vide a motion filed on the 8/7/08, prayed the High Court for the following reliefs:

1) AN ORDER of this Honourable Court dismissing this present suit for being statute barred.

2) AN ORDER of this Honourable Court that the Plaintiff on record lack the standing to initiate this present suit.

3) And such further or other orders as this Honourable Court may deem fit to make in the circumstance.

In reaction to the said motion, the Applican…

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