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CaseLaw

YOUNG SHALL GROW MOTORS Vs. Okonkwo (2010) CLR 3(i) (SC)

SC.248/2002

Brief

  • Appeal struck out
  • Appeal withdrawn

Facts

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 Benz Lorry 911. 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's 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 affidavit evidence, the learned trial Judge dismissed the application. Dissatisfied with that ruling, the Defendants/Applicants appealed to the Court of Appeal, Enugu, Division (Court below).

On the 9th of November, 1999, learned Counsel for the Appellant at the Court below applied to withdraw the appeal. The Court below, accordingly, struck out the appeal. On the 9th of November, 2001, a motion to relist the appeal struck out on 9th of November, 1999, was filed. The Court below considered the motion on Notice, found no merit in n and dismissed it. This is what brought about this appeal to this Court.

Issues

  • 1
    Was the Court of Appeal right when it treated its earlier order striking out an...
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