NTEOGWUILE V OTUO
June 24, 2025CHIEF OTONYESEIGHA OLOLO V NIGERIAN AGIP OIL CO LTD
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 65111
In the Supreme Court of Nigeria
Fri Jun 29, 2001
Suit Number: SC.10/1997
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
EMMANUEL O.OGWUEGBU, JUSTICE, SUPREME COURT
PARTIES
JULIUS BERGER NIGERIA PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent got judgment against the Appellant in an action for negligence in the Supreme Court to pay the sum of N32,000 to the respondent for cost of repairs and loss of revenue over the respondent’s tanker that was hit by the appellant’s truck. The appellant released the judgment sum, but withheld the respondent’s truck alleging that the cause of action for detinue of the appellant’s tanker had been caught up by the statute of limitation.
HELD
The court held that the cause of action for detinue arouse not when the accident occurred, but when the Appellant first demanded for his vehicle from the respondent after the issue of cost was finally settled by the Supreme Court in the previous action for negligence and that was when time begin to run in the action for detinue.
ISSUES
(1) Whether the Appellant’s claim is statute barred by virtue of the provisions of Section 4 of the limitation Law Cap. 89 Laws of the Bendel State 1976 (applicable to Delta State)
RATIONES DECIDENDI
CASES CITED
Bello v. A-G Oyo State (1986) 5 NWLR (Pt. 45) 828Egbe v. Adefarasin (1987) 1 NWLR (Pt. 47) 1Eboigbe v. NNPC (1994) 5 NWLR (Pt. 347) 649.
STATUTES REFERRED TO
Limitation Law of Bendel State 1976
