SULEIMAN DANTA ANNABI VS THE STATE
May 30, 2025SHENA SECURITY CO. LTD. V AFROPAK (NIG.) LTD
May 30, 2025Legalpedia Citation: (2008-05) Legalpedia (SC) 01321
In the Supreme Court of Nigeria
Fri May 16, 2008
Suit Number: SC.304/2002
CORAM
JUMMAI HANNATU SANKEY JCA
DAHIRU MUSDAPHER, JSC (Lead Judgment) JUSTICE, SUPREME COURT
JUMMAI HANNATU SANKEY JCA
JUMMAI HANNATU SANKEY JCA
ALOYSIUS I. KATSINA-ALU JUSTICE, SUPREME COURT.
DAHIRU MUSDAPHER, JSC (Lead Judgment) JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC (Lead Judgment) JUSTICE, SUPREME COURT
JUMMAI HANNATU SANKEY JCA
JUMMAI HANNATU SANKEY JCA
JUMMAI HANNATU SANKEY JCA
PARTIES
1.DR. CHARLES OLADEINDE WILLIAMS APPELLANTS
MADAM OLAITAN WILLIAMS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
7 years after the Appellant took out an action for possession at the magistrate court against the Respondent which was dismissed for lack of jurisdiction, he sued at the High Court for possession and declaration of a property. The Respondent filed a preliminary objection which was rejected and the court thereafter found for the Appellant. A successful appeal at the Appeal Court against the two decisions led to this present appeal.
HELD
Appeal dismissed. The Supreme Court held that the action is statute barred.
ISSUES
(i) Whether the Originating Summons before the trial judge was statute barred or whether the appellant’s cause of action arose from the 5th July 1978?
(ii) Whether the trial judge went into serious error by granting possession of the property in dispute to the appellant upon the Originating Summons?
RATIONES DECIDENDI
CASES CITED
1. Obiefuna v. Okoye [1961] ALL NLR 357 2. Egbe v. Adefarasin Texaco Panama Incorp v. Shell J2002] 2 SC (Pt. 11) 1 at 25, 3. Fadare v. Attorney-General of Oyo State supra 4. Board of Trade v. Cayner, Iryine & Co. Ltd. [1927] AC 610 5. Jallco Ltd v. Owoniboys Technical Serv. Ltd [1995] 4 NWLR (Pt 391) 534 at 547. ?
STATUTES REFERRED TO
Lagos State Limitation law
