LIMITATION LAW SHOULD BE GIVEN BENEFICIAL CONSTRUCTION

The Limitation Law and all laws of this description ought to receive beneficial construction. They should be construed liberally but not in such a way as to read into them words not intended by the law makers as the majority decision of the court below portrayed. All limitation laws have for their object the prevention...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

FOR PUBLIC SERVANT, SUIT MUST COMMENCE WITHIN THREE MONTHS

Lautech v. Ogunwobi (2006) 4 NWLR (Pt. 971) 569, “any action, prosecution, or other proceeding commenced against any person for any act done in pursuance or intended execution of any Law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of, or in case of continuance of damage or injury, within three months after the cessation thereof”.

This case was relied on in MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLC (2012).

Was this dictum helpful?

NEGOTIATION DOES NOT STOP THE PERIOD OF LIMITATION FROM RUNNING

The learned trial Judge rightly conceded at page 31 of the Record, in her Ruling, that it is settled law that generally negotiation by the parties does not prevent or stop the period of limitation stipulated by a statute: from running. The law on this, as stated by the Supreme Court in JOHN EBOIGBE v....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

FRAUDULENT CONCEALMENT IN EQUITY – ENTRY TO LAND

Apart from fraudulent concealment of right of action which itself furnishes a cause of action, knowledge cannot be said to be relevant. In order to constitute such fraudulent concealment as would, in equity, take a case out of the law of limitation, it is not enough that there should be merely tortuous act unknown to...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

TO DETERMINE STATUTE BARREDNESS IN RESPECT OF CUSTOMARY LANDS, THE LIMITATION LAW IS PECULIAR

Nwiboeke V Nwokpuru (2016) LPELR-41524(CA) 13: “The argument by learned Counsel for the respondent that limitation laws are not applicable to customary law or actions to recover land held under Customary Law cannot be accommodated by the clear words of S. 3 of the limitation law. Such argument is contrary to that provision. It is...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ACCEPTANCE OF LIABILITY WILL STOP PERIOD OF LIMITATION FROM RUNNING

It is also settled law that generally negotiation by the party does not prevent or stop the period of limitation stipulated by a statute from running. This however is subject to qualification that where there has been admission of liability during negotiation and all that remains is fulfillment of the agreement it can not be...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

PROCEEDINGS AFTER LIMITATION PERIOD IS DEFECTIVE

Reach more audience. Place advert here.

Was this dictum helpful?

LIMITATION LAW SHOULD BE GIVEN BENEFICIAL CONSTRUCTION

Membership Required

FOR PUBLIC SERVANT, SUIT MUST COMMENCE WITHIN THREE MONTHS

Was this dictum helpful?

NEGOTIATION DOES NOT STOP THE PERIOD OF LIMITATION FROM RUNNING

Membership Required

FRAUDULENT CONCEALMENT IN EQUITY – ENTRY TO LAND

Membership Required

TO DETERMINE STATUTE BARREDNESS IN RESPECT OF CUSTOMARY LANDS, THE LIMITATION LAW IS PECULIAR

Membership Required

ACCEPTANCE OF LIABILITY WILL STOP PERIOD OF LIMITATION FROM RUNNING

Membership Required