ASHIEN VS OJOUGBOH: COURT DISMISSES CASE AGAINST CENTRAL BOOKS

The High Court holden at Agbor, headquarters of Ika South Local Government Area of Delta State on Wednesday, April 9, 2014, dismissed Notice of Preliminary Objection filed by Chief Hon. Dr. Cairo Ojougboh seeking to strike out the case of Central Books Limited (Publisher of Ika Weekly) filed against him.Mr. Steve Ekiri-Mekiriuwa Ashien and Central Books Ltd, publisher, Ika Weekly newspaper brought N1b (One Billion Naira) suit against Chief Hon. Dr. Cairo Ojougboh. At the close of pleadings, Hon. Ojougboh through his solicitor, Benson Melekwe Esq, brought notice of preliminary objection on two grounds to strike out the name of Central Books, Limited. The relief is that the 2nd Claimant (Central Books Ltd) is not a necessary party to the determination of the claim as endorsed in the writ of summons and the averment as contained in the statement of claim in the suit.Second, that the 2nd claimant’s suit before the Honouable Court disclosed no reasonable case of action against the defendant.   Upon receipt of the notice of preliminary objection filed by Benson Melekwe Esq, counsel to the claimant, I.W. Aghaolor Esq. filed 9 paragraphs affidavit opposing the notice of preliminary objection, Hon. Justice Maidoh after careful considerations of preliminary objection and counter affidavit filed by the claimant, resolved that the notice of preliminary objection brought by the defendant is grossly incompetent and was dismissed. Hearing is adjourned to a later date.

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