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MONDAY EYO USORO v. L. OBOT UFOT, ESQ

(2017) JELR 37788 (CA)

Court of Appeal  •  CA/C/48/2014  •  30 Mar 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Ruling of Okpo, J, sitting at the Ikot Abasi Judicial Division of the High Court of Akwa Ibom State in Suit No. HAB/38/94 delivered on the 13/8/1997.

FACTS: The Respondent took out a writ of summons against the Appellant in 1994. Having failed to file his statement of claim within the period provided in the Rules of Court, the Respondent filed an application on the 28/3/1995 for extension of time to file his statement of claim. The application for extension of time to file his statement of claim was granted on the 14/10/96.

After series of letters of adjournment mainly at the instance of counsel for the Appellant, Respondent filed a motion for liberty to enter final judgment in suit No. HAB/38/94 for the sum endorsed on the writ together with interest, at the rate of 6% per annum till judgment was delivered. Ruling on the application was then adjourned and in a considered Ruling which term…

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