CHIEF FALADE ONISAODU & ANOR V. CHIEF ASUNMO ELEWUJU & ANOR
June 5, 2025ALHAJI BABA M. SALEH V. ALHAJI SHETIMA MONGUNO & ORS
June 5, 2025Legalpedia Citation: (2006-07) Legalpedia 48552 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Jul 7, 2006
Suit Number: SC.402/2001
CORAM
I. L. KUTIGI JUSTICE, SUPREME COURT
A. L. KATSINA-ALU JUSTICE, SUPREME COURT
I. C. ACHOLONU JUSTICE, SUPREME COURT
A. M. MUKHTAR JUSTICE, SUPREME COURT
F. F. TABAI JUSTICE, SUPREME COURT
PARTIES
NIGERIAN PORTS AUTHORITY
APPELLANTS
ABU AIRADION AJOBI
RESPONDENTS
AREA(S) OF LAW
INTERLOCUTORY APPEAL- STATUTE OF LIMITATION
SUMMARY OF FACTS
The Respondent/plaintiff an employee of the appellant/defendant was dismissed on allegations of fraud though the Magistrate Court found him not guilty of the preferred charge and was acquitted. He asked that the defendant re-instate him but was refused. The Respondent/Plaintiff then instituted proceedings against the Appellant/defendant and the Appellant objected on grounds that the claim was statute barred.
HELD
The Supreme Court held that the claims are not statute barred and ordered that the case be remitted to the High Court for continuation of trial or fresh trial. The Plaintiff/Respondent was awarded costs of N 10,000.00 against the Defendant/ Appellant.
ISSUES
Whether the learned Justices of the Court of Appeal were right in holding that the claims of the Plaintiff for reinstatement and payment of the salaries could only arise after Plaintiff was discharged by the Magistrate Court of the criminal charge preferred against him.
RATIONES DECIDENDI
STATUTE OF LIMITATION
“Time, therefore, begins to run when there is in existence a person who can sue and another who can be sued and when all facts have happened which are material to be proved to entitle the Plaintiff to succeed.” Fadare & Ors. V. Attorney General of Oyo State. I.L. KUTIGI, JSC
CASES CITED
Fadare & Ors. V. Attorney General of Oyo State (1982) Vol. 13, N.S.C.C. 62 at 80 (1982) 4 S.C. 1 at 6- 7
STATUTES REFERRED TO
