Mrs. Caroline Agbodike V. MR. Emeka Agbodike (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This Appeal is against the Ruling of Honourable Justice P. A. C. Obidigwe sitting at the Nnewi Judicial Division of the High Court of Anambra State, delivered on the 3rd of March 2008.

In the Ruling, the lower Court refused the application to relist Suit No. HN/69/2002 struck out on the 16th day of May 2007.

SYNOPSIS OF FACTS

The Suit, the subject matter of this Appeal was instituted by Ordinary writ of summons filed on the 18th of April 2002. – Page 5 of the Record of Appeal.

In Paragraph 26 (1) and (11) of the Statement of Claim filed on the 18th of April 2002, the Appellant (Plaintiff in the Court below,) claims from the Defendant (Respondent in the present case) the following:

i) N10,000,000.00 (Ten million naira) being special, general and exemplary damages from the Defendant for his unlawful act.

ii) An order of perpetual injunction restraining the defendant by himself, agents, servants and privies, from engaging the Plaintiff in any discussion or issue concerning the above land.

Hearing of the suit commenced on the 18th of April 2002. The

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Defendant/Respondent could not be served and on the 11th of June, 2002, he was served by substituted means following an order of the Court.

The Respondent did not attend Court until the 22nd of November 2004, and this was after the Appellant filed and served on him, a motion for Judgment on the 25th of June 2003. – Page 9 of the Record of Appeal.

The hearing of the Suit commenced, and the Appellant testified after amendments were made to the pleadings.

On the 16th of May 2007, when the matter came up for hearing, the Appellant and her counsel were absent from Court. There was no letter to Court explaining their absence.