CaseLaw
Okoroafor V. Abaworonini (1996) CLR 2 (M) (CA)
Brief
Facts
The appellant as plaintiff filed an action, to wit Suit No HOW/6/77 in the Owerri High Court against the defendant, Okechie Abaworonini now deceased wherein he claimed as follows:-
Pleadings were ordered, duly filed exchanged and subsequently, the statement of claim was amended with leave of court. At the hearing of the matter before Aguta, C.J. the plaintiff testified and called six other witnesses in proof of his claims. In the defence of the action the defendant testified and called four other witnesses. In the course of the trial two documentary Exhibits were tendered. After the address of counsel the learned trial Chief Judge in his judgment delivered on the 29th day of April 1988 dismissed entirely the claims of the plaintiff. It is against the dismissal of his claims, that the plaintiff hereinafter called the appellant has appealed to this court. But before this appeal could be heard, the original defendant who should now be the respondent in this appeal - Okechie Abaworonini died. The appellant then applied to this court for the substitution of the deceased with the present respondent - Patrick Okehie Abaworonini. The application was granted on 19/4/90. Also with the leave of this court the appellant was allowed to amend his original notice and grounds of appeal.