Limitation Law (101)
What determines whether an action is statute barred; instance(s) where limitation law will not apply
HELD:
"And, when it comes to determining whether the claim of a Plaintiff is caught by the Limitation Act, the law also requires a close study of the case of the Plaintiff, as per the writ or statement of claim or originating summons, to locate when the cause of action accrued, and when the Plaintiff filed the action, to originate the Suit.
HELD:
"The said Order 23 Rule 6(1) of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2004 provides thus:
HELD:
"...Now, the respondent in OGUNLADE V. ADELEYE had by a respondent's notice sought the variation of the findings of the Court of Appeal by this Court on the basis of an issue that reads:-
HELD:
"The overriding purpose of limitation laws is expressed in the Latin phrase - interest rei publicae ut sit finis litium, that litigation shall be automatically stifled after a fixed length of time, irrespective of the merits of a particular case.
HELD:
"Section 18 of the Plateau State Limited Law No. 16, 1988 provides expressly that no action founded on contract shall be brought after the expiration of five years from the date on which the cause accrued.
HELD:
"I agree with him entirely that the appellant's action at the trial Court was in respect of an alleged breach of contract between him and the respondent in respect of a dealership contract.
HELD:
"The question which arises from the sole issue for determination is whether or not the plaintiff/appellant's action is statute barred? When it is said that an action is statute barred, it simply means that the action/claim is barred from being heard and determined by any Court by a provision of a statute.
HELD:
"The above Section 12 of the Limitation Law, Laws of Ekiti State is a statute of limitation designed to bar or hinder or obstruct by its interpretation any legal readdress or recovery of damages a cause of action is thus said to be statute-barred if in respect of its proceedings cannot be brought because the period laid down by the limitation Law or Act had elapsed.
HELD:
"It is no longer in dispute that time begins to run for the purpose of limitation law when the cause of action arose, that is, when the plaintiff becomes aware that his legal right has been breached by the defendant.