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ALHAJI LASISI OLADIPO AND ORS. V. GBOLAHAN S. IFALEYE

(2013) JELR 53497 (CA)

Court of Appeal  •  CA/I/250/2010  •  6 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA (Presided) HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA (Read the Lead Judgment)

Judgement

DANIEL-KALIO JCA (Delivering the Lead Judgment): This appeal is over the ruling of the High Court of Ogun State, which refused an application to consider in limine , whether the action before it was statute- barred. The defendants in the lower court (the appellants in this appeal) had in their statement of defence pleaded that the claimant’s action - a land matter - is statute barred. Having so pleaded, the appellants filed a motionon notice before the lower court which raised the question of the matter being statute barred as a point of law. The trial court heard the motion on notice and delivered its ruling on 13August 2009. In the said ruling, the trial court decided that Order 22, rule 2 of the Ogun State High Court (Civil Procedure) Rules, 2008 allows for points of law raised on the pleadings to be disposed of at or after the trial of a case and that there is no compulsion that a judge must hear such point of law before trial. The court also decided that justice will be better …

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