May 7, 2015
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- Law News
AN Abia State High Court sitting at Ohafia has dismissed two motions filed by THE SUN Newspapers and Ebere Wabara in the N5 billion libel suit instituted against them by the first son of Abia State governor, Mr. Chinedu Orji.
The defendants had filed the motions in which they claimed that Wabara was not served the originating summons and that the claimant, Chinedu Orji, introduced new facts not originally contained in the originating summons.
Ruling on the motions, yesterday, the presiding Judge, Justice Anthony Chioma, dismissed them and ruled that the substantive suit would commence on June 10, 2015.
According to Justice Chioma, proof of service available showed that Wabara was properly served by the bailiff and that it was based on the service that he entered unconditional appearance in the court.
Chioma also ruled that it was based on the service of the court processes that Wabara became a witness in the suit.
He said that he did not even challenge the affidavit sworn to by the bailiff that he was properly served.
He said if service was not properly effected on him, he would have challenged it through a counter-affidavit.
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