CASE TITLE: MACGREGOR ETENG OMINI & ORS v. YAKURR LOCAL GOVERNMENT AREA & ORS (2019) LPELR-46300(CA)
JUDGMENT DATE: 11TH JANUARY, 2019
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT
INTRODUCTION:
This appeal borders on the application of statute of limitation.
FACTS:
This appeal is against the judgment of the High Court of Cross River State, Corum Hon. Justice Akon Ikpeme sitting at Ugep Judicial Division delivered on 3/8/2009, dismissing the appellants’ suit on the ground that same was caught up by statute of limitation. The appellants are retired military personnel who took up a fresh appointment with the 1st respondent and whose salaries were stopped. They commenced a civil suit against the respondents on the 15th of January, 2007 for payment of their salaries. Upon being served with the originating processes, the 2nd and 3rd Defendants now respondents raised a preliminary objection praying for the dismissal of the entire suit on the following grounds: –
In a reserved and considered ruling delivered on 5/8/2009, learned trial judge held that the cause of action arose in June, 2006 and the suit which was commenced on 15th January, 2007 did not comply with Section 1 (1) (a) of the Public Officers Protection Law, Cap 17 Volume 5, Laws of Cross River State. He subsequently dismissed the suit for being statute barred.
Dissatisfied with the above, appellants approached the Court of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the following issues:
DECISION/HELD:
On the whole, the appeal was adjudged to be bereft of merit. Consequently, the suit filed by the plaintiff/appellants at the trial Court was struck out.
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