PASTOR DAVID D. ISHAYA ETSU vs. MR. SAMAILA MAIWIYA

CORAM

PARTIES

PASTOR DAVID D. ISHAYA ETSU(For himself and on behalf of the Tigun Ruling families of Kurmi Chiefdom) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Applicant claimed against the Defendants/Respondents in the High Court of Taraba State several declaratory orders some of which affected the office of the Executive Governor of Taraba State, the Attorney-General of Taraba State and the Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs respectively, among others. After the exchange of pleadings, the Respondents by a motion on notice sought for the dismissal of the suit for being statute barred, same having been caught by the provisions of Section 2 of the Public Officers Protection Law, Cap 115, Laws of Taraba State. The trial court consequently dismissed the suit after hearing the application, stating that the Plaintiff’s right of action had been extinguished by reason of late filling of the suit. Aggrieved by the dismissal of the action, the Appellant has approached this Court by a notice of appeal contending that the writ of summons and statement of claim filed on the 12th of June, 2015 was not statute- barred.

HELD

Appeal Dismissed ??

ISSUES

{C}Ø {C}Whether from the writ of summons and statement of claim before the trial Court, the case of the Appellant aside from an admission in a counter affidavit, can be said to be statute barred? {C}Ø {C}Whether the trial Court was right in sticking to a sub – paragraph in the Appellant’s counter affidavit and proceeded to hold that the issue of statute barred has clearly been admitted, without considering the whole counter affidavit? {C}Ø {C}Whether a court of law is not bound to consider issues validly raised by a party before it? {C}Ø {C}Whether this is one of the cases that the mistake/sin of counsel can be visited on a litigant, who has not slept over his right? ?