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FRANCIS OKAFOR & 10 ORS V. ATTORNEY-GENERAL, ANAMBRA STATE & 2 ORS.

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FRANCIS OKAFOR & 10 ORS V. ATTORNEY-GENERAL, ANAMBRA STATE & 2 ORS.

Legalpedia Citation: (2005) Legalpedia (SC) 53419

In the Supreme Court of Nigeria

Fri Jun 3, 2005

Suit Number: SC.194/2000

CORAM


SALIHU MODIBBO ALFA BELGORE JUSTICE,SUPREME COURT

UDOMA, JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT


PARTIES


FRANCIS OKAFOR & 10 ORS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants instituted action against the defendants claiming that the Anambra state government acquired their lands and gave it to individuals. The respondents filed an application to strike out the suit on the grounds that the lands were acquired more than 8 years before the action was filed.


HELD


The court held that the time started running for purpose of Limitation Law of Anambra State when the land whose acquisition Government itself in its White Paper admitted was yet to be perfected, was given to a third party by way of right of Occupancy


ISSUES


Was the plaintiffs/appellants’ action statute barred by virtue of the Limitation Law of Anambra State?


RATIONES DECIDENDI


CASES CITED


1) Williams v Williams (1995) 2 SCNJ 22; 2) Federal Capital Development Authority v Naibi (1990) 2 NWLR 270, 281;3) Ege Shipping V. Tigris International (1999) 12 SCNJ, 14)4) Odive v Obor & Anor, (1974) 1 All NLR (Pt. 1) 436 5) Aina v The Trustees of NRC Pensions Fund (1970) 1 All NLR 281)?


STATUTES REFERRED TO


NONE


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