JOEL CHIAWOTU ANOSIKE & ANOR v. THE REGISTERED TRUSTEES OF ANGLICAN DIOCESE OF OWERRI & ORS
(2014)LCN/6839(CA)
RATIO
CONDITIONS TO DETERMINE WHETHER AN ACTION HAS BEEN STATUTE BARRED
The essence of a limitation law is that the legal right to enforce an action is not a perpetual right but a right generally limited by statute. Where a statute of limitation prescribes a period within which an action should be brought, legal proceedings cannot be properly or validly instituted after the expiration of the prescribed period. Therefore a cause of action is statute-barred if legal proceedings cannot be commenced in respect of same because the period laid down by the limitation law had lapsed. An action which is not brought within the prescribed period offends the provisions of the law and does not give rise to a cause of action.
The yardsticks to determine whether an action is statute barred are:
(a) The date when the cause of action accrued.
(b) The date of commencement of the suit as indicated in the writ of summons.
(c) Period of time prescribed to bringing an action to be ascertained from the statute in question.
Time begins to run for the purposes of the Limitation Law from the date the cause of action accrues.”
(2) OBA J.A. AREMO II VS S.F. ADEKANYE & ORS (2004) 13 NWLR (Pt. 891) 572 at 592 A-H to 593 A-F per EDOZIE, JSC.
See SOSAN VS ADEMUYINA (1986) 3 NWLR (Pt. 27) 241 at 243 where the Supreme Court held as follows:
“Where an action has become statute-barred by operation of Limitation Act (or Law) the effect is that the cause of action (or the Plaintiffs’ title in an action of declaration of title as in this case) becomes extinguished by operation of Law and can no longer be maintained in Courts” Per PETER OLABISI IGE, J.C.A.
