PROFESSOR GREG I. ANYANWU v. UNIVERSITY OF JOS
(2014)LCN/6923(CA)
RATIO
WHEN AN ACTION STATUTE BARRED AND WHAT IS THE CONSEQUENCE OF DECLARING AN ACTION STATUTE BARRED.
Black’s Law Dictionary, 8th edition does not provide the explanation of statute barred, but provided for:
(a) Statutory period “A time limit specified in a statute especially the period prescribed in the relevant statute of limitation.”
(b) Limitation period “A statutory period after which a lawsuit or prosecution cannot be brought in court.”
In the case of Akilu v. Fawehinmi (No. 2) (supra) the Supreme Court per our erudite emeritus Justice, Karibi Whyte, JSC defined a cause of action thus: “Cause of action has been held to mean every fact which is material to be proved to entitle Appellant to succeed or all those things necessary to give a right to relief in law or equity.”
The law is settled and defined in a long chain of decided cases that it is the totality of the facts pleaded in the statement of claim that determines when the Plaintiff’s cause of action accrued. In Omomeji v. Kolawale (2008) 14 NWLR (Part 1106) 180 at 205, the Supreme Court, per Tabai, J.S.C. held that:
“It is settled law that it is the totality of the averments in the statement of claim that determines the accrual of cause of action.” Having stated the law and all that as it relates to statute barred actions it would not be out of place to examine what transpired in the court below that brought about the extant appeal under consideration. Put differently, is the action of the Appellant statute Barred? Per TIJJANI ABDULLAHI, J.C.A.
