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MRS BIBIAN NGOZI ONYIA v. MR. OBIORA MBIKO & ANOR

(2014) JELR 36635 (CA)

Court of Appeal  •  CA/E/262/2010  •  22 Apr 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 28-3-2008, the appellant herein, as plaintiff commenced suit No. A/82/08 against the 1st respondent by filing a writ of summons, accompanied by a statement of claim, statement on oath of the appellant and a list of documents and the documents to be relied on by the appellant. The 1st respondent then filed his statement of defence, accompanied by his deposition on oath and list of witness. The appellant filed a reply to the statement of defence, list of witnesses, statements on oath of herself and her witness, Engr. Frank Muobike and another list of exhibits and further documents to be relied on.

On 4-4-2008, the appellant by a motion on notice, applied for an order that the 2nd respondent be joined as defendant in the suit. This application was granted and the 2nd respondent was joined. The statement of claim was accordingly amended to reflect the joinder. The 2nd defendant on 4-5-2009 filed his statement of defen…

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