OLANREWAJU V. OGUNLEYE
July 4, 2025NATIONAL ELECTRIC POWER AUTHORITY VS MRS P.O. ONAH
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11715
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 30, 1997
Suit Number: SC.63/1991
CORAM
M.L. UWAIS
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
CHIEF A.O. NWOSUJOHN AHIABUIKE APPELLANTS
CHUKWURAH OFFOR RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LAND LAW, POSSESSION, DAMAGES, STATUTE OF LIMITATION, APPEAL, INTERLOCUTORY APPEAL
SUMMARY OF FACTS
The plaintiff filed an action claiming the following reliefs from the defendants jointly and severally: A declaration that the defendants are not entitled to enter or remain in or use the said premises, An order setting aside the Certificate of Occupancy covering the premises fraudulently procured by the defendants, Possession of the said premises, Damages or mesne profits , General damages, An injunction.
HELD
I find no merit in the appeal and I hereby dismiss it with N 1,000.00 costs to the respondent. The substantive case should have finished by now but for their determined attempts to nip it in the bud. It is ordered that the substantive suit be given accelerated hearing in the High Court.
ISSUES
“(1) Is the issue of locus standi raised by the defendants/appellants in the appeal based on law alone or facts or mixed law and facts? (2) Whether the Justices of the Court of Appeal were not right in holding that for the defendants/appellants interlocutory appeal from the High Court to the Court of Appeal to be competent, it required leave of court as all the three grounds of appeal before them were grounds of facts and mixed law and facts although each of the grounds purports to be grounds of law alone.”
RATIONES DECIDENDI
LIMITATION OF ACTION
Where a cause of action is based on fraud as in this case, or the right of action is concealed by fraud, the period of time does not commence until the fraud is discovered or could reasonably have been discovered. The period of limitation is also extended in the case of disability of a plaintiff either from infancy or unsoundness of mind. These are matters to be ascertained by evidence before the trial court can decide whether the right of action is barred by the Limitation Law or other special enactments.
CASES CITED
Owhotemu-Kowo & Ors. v. The State (1983) 5 SC 17 Nafiu v. Kano State (1980) 8-11 SC 130.Blay v. Solomon (1947) 12 WACA 175 at 176; Bozson v. Altrincham Urban District Council (1903) 1 KB 547 Akinsanya v. UBA. Ltd. (1986) 4 NWLR (Pt.35) 273.
STATUTES REFERRED TO
Not Available.|
