THE YOUNG SHALL GROW MOTORS LIMITED V. AMBROS O. OKONKWO INNOCENT ONYEBUCHUKWU

MUHAMMAD JSC (Delivering the Lead Judgment): At the High Court of Justice of Anambra State, holden at Nnewi (trial court), the plaintiff was claiming damages against the defendants jointly and severally in respect of damages caused to the plaintiff’s Mercedes BenzLorry 91 . After service of the statement of claim, the learned counsel for the 1st defendant filed a notice of motion praying the trial court for the following reliefs: (1) An order dismissing the above named suit in its entirety or striking it out on the ground that it is statute-barred.

(2) In the alternative, an order setting aside the service of the writ of summons and other processes in the above suit on the first defendant.

(3) Striking out the first defendant from the writ of summons and other processes in the above suit on the ground that the first defendant is not known to law and therefore, cannot sue nor be sued. After having considered arguments from learned counsel for the respective parties along with the affid…