CHIEF A.O.UKU & ORS V. D.O.OKUMAGBA & ORS
August 12, 2025LUKE C. N.ECHEAZU V. COMMISSIONER OF POLICE
August 12, 2025Legalpedia Citation: (1974-02) Legalpedia (SC) 86001
In the Supreme Court of Nigeria
Thu Feb 28, 1974
Suit Number: SC 109/1972
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
A. IBEGBU
APPELLANTS
LAGOS CITY COUNCIL CARETAKER COMMITTEE
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- LIMITATION OF ACTION
SUMMARY OF FACTS
The 2nd defendant/respondent an employee of the 1st defendant/respondent negligently collided with the plaintiff/appellants car and damaged it beyond repairs. The defendant pleaded that the suit was statute barred according to the Public Officers Protection Act; Section 2(a) Cap, 168 of the Laws of the Federation of Nigeria. The trial court held that the suit was statute barred.
HELD
The Supreme Court held that a case for the application of the statute was not made out and that the learned Judge was in error in ruling that this action is statute-barred. The appeal was allowed and the judgement of the trial court was set aside.
ISSUES
Whether the learned trial Judge erred in law in holding that the defendants were entitled to protection under Section 2(a) of the Public Officers Protection Act Cap. 168 of the Laws of the Federation of Nigeria
RATIONES DECIDENDI
LEGAL PERSONALITY
EXISTING LAW
CASES CITED
Town Clerk, L.T.C. v. Clement – (1963) 1 All Nigeria Law Reports p. 166
Ajayi v. L.T.C. (1969) – 1 All Nigeria Law Reports p. 367
STATUTES REFERRED TO
Not Available
