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Resolution of Conflicting Oral Evidence before the Court by Documentary Evidence  – THISDAYLIVE

Resolution of Conflicting Oral Evidence before the Court by Documentary Evidence  – THISDAYLIVE
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Effect of Acknowledgement of Opponent s Title to Land

Effect of Acknowledgement of Opponent s Title to Land
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Whether Appeal Dismissed for Want of Diligent Prosecution Can be Relisted

the other members of Uruowelle family in Nkwelle Umunachi) Respondents (Lead Judgement delivered by Honourable Uwani Musa Abba Aji, JSC) Facts The Appellants lodged an appeal to the Supreme Court against the decision of the Enugu Judicial Division of the Court of Appeal on 5th August, 2014. The record of appeal was served and transmitted on 29th August, 2014, but the Appellants failed to file their Appellants’ Brief of Argument within the time allowed by the Supreme Court Rules. On 18th March, 2015, the appeal was dismissed under Order 6 Rule 3(2) of the Supreme Court Rules, 2008 (as amended) for lack of diligent prosecution. Dissatisfied with the dismissal of the appeal, the Appellants filed an application on 9th March, 2018 seeking inter alia that the appeal be relisted, and the trinity prayers in respect of some of their grounds which are grounds of mixed law and facts.

Limitation Bar: Applicability to Payment of Pension and other Terminal Benefits

Facts The Appellant was an employee of the Respondent until his employment was terminated by a letter of termination dated 26th April, 2000, on the ground that “his service no longer required”. Consequently upon this, the Respondent filed an action against the Respondent at the Federal High Court. By the Originating Summons dated 9th July, 2003, he sought an order of court compelling the Respondent to pay his pension and medical benefits, following the termination of his employment. The Respondent filed a Preliminary Objection challenging the competence of the suit, on the ground that the action was statute barred by virtue of Section 12(1) of the NNPC Act. The trial court delivered its ruling on the Preliminary Objection, holding that the action was not caught by Section 12(1) of the NNPC Act as it was an action bordering on right to pension and other benefits which were not limited by the said Act. The Preliminary Objection was thus, dismissed.

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