SHAGARI QUARTERS DEVELOPMENT ASSOCIATION ARGUNGU & ORS v. BADAMASI HASSAN & ORS
(2014) LCN/6849(CA)
RATIO
PRACTICE AND PROCEDURE: EFFECT OF AN ACTION INSTITUTED OUTSIDE THE LIMITATION PERIOD PRESCRIBED
Where a statute of limitation prescribes a period within which an action should be brought, legal proceedings cannot be properly instituted after the expiration of the prescribed period. Thus an action instituted after the expiration of the prescribed period is said to be statute-barred. See Osun State Government V. Dalami Nigeria Ltd (2007) ALL FWLR (Pt. 365) 438.
Time begins to run for the purposes of the limitation law from the date the cause of action accrues. The statement of claim is to contain the date when the cause of action accrued while the writ of summons being the originating process will show when the suit was filed in the court. See Texaco Panama Incorporation V. Shell Petroleum Development Corporation of Nigeria (2002) 5 NWLR (Pt. 759) 209, Forestry Research Institute of Nigeria V. Enaifoghe Gold (2007) 30 NSCQR 850, Egbe V. Adefarasin (1987) 1 NWLR (Pt. 47) 1 and Jall Co. Ltd V. Owoniboys Tech. Servo (1995) 4 NWLR (Pt. 391) 534 at 538 SC.
The position of the law is that a defence of limitation must be specifically pleaded. It is unnecessary to plead statutes before reliance can be placed on them. It is sufficient to plead material facts which will lead to the result sought to be relied upon. See E.D. Tsokwa & Sons Co. Ltd V. U.B.N. Ltd (1996) 10 NWLR (Pt. 478) 281 and Sanni V. Okene L.G. (2005) 14 NWLR (Pt. 944) 60. Per JAMES SHEHU ABIRIYI,J.C.A.
