L. A. UDEOGARANYA & ANOR. V. ALHAJI BUARI ADEYI

JOSEPH SHAGBAOR IKYEGH, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice Oyo State holden at Ibadan in suit No.1/958, refusing to uphold the preliminary objection of the appellants of time bar under the public officers (Protection) Act or Law against the suit of the respondent.

The notice of appeal contains five grounds of appeal. On 11.10.06, the appellants were granted leave of the court for the appeal to be heard on their brief of argument.

Shortly stated, the respondent sued the appellants for libel in the court below. The writ of summons was issued on 20.10.90. A statement of claim dated 15.10.90, followed it. The appellants filed a joint statement of defence dated 7.1.91, on 29.10.91, where they raised the plea of time bar in paragraph 43 thereof in these words:

"WHEREOF the Defendants state that the plaintiff is not entitled to the reliefs claimed and should be dismissed with substantial cost to the Defendants.

SPECIAL DEF…