THE hopes of over 400 ex-workers of Aero Maritime Nigeria Limited, who engaged their former company and its chief executive, Chief Victor Odili, in a legal battle over shares, may have been dashed, as a Lagos High Court has ruled that their eight years old suit is statute barred (commenced out of date) and could not be adjudicated upon.
Justice Y. A. Adesanya, who presided over the case, ruled that the workers failed to institute the action within the time stipulated by the law. She stressed that the reasons stated for doing so could not avail them and ruled: "this action is statute barred."
The workers, who have lost more than 38 members of their group to death, however, have vowed to pursue the case to the appellate court, where they believe justice would eventually come their way.
Consequently, they have filed a notice of appeal through their lawyer, Osagie Akioya, urging the Court of Appeal to pronounce an order setting aside the high court ruling delivered on February 25, 2011.
The group is also praying for an order granting their reliefs in the consolidated and substantive originating summons or an order for rehearing of the consolidated originating summons before another trial judge.
According to the two grounds of appeal contained in the notice of appeal, the workers contended that the trial judge erred in law when she held that the action was caught by the limitation law, despite the clarity of the facts in the affidavit evidence.
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