, has dismissed a preliminary objection by Senator Ita Enang to the defamation suit filed against him by the immediate-past Akwa Ibom Governor,
Udom, through his lawyer, Dr Charles Mekwunye , filed an ex-parte application for its renewal, which was granted by Justice Olukayode Adeniyi. Enang also argued that Udom wrongfully filed the suit through Udom, that he did not join the radio station and that the entire suit did not disclose any course of action.He agreed with Mekwunye that a Writ that has not been served at the expiration of its life span is not void but merely ceases to be in force and as such remains valid until renewed.
“As the claimant, he has the liberty to elect either to give evidence in the case in person or through anyone he elects, so far as the adverse party has notice of who his witness is ,” the judge ruled. On Enang’s objection that Udom had not disclosed any cause of action in the suit, the court held that it was not an issue to be determined at this interlocutory stage.
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