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MRS. O. ADEKOYA V FEDERAL HOUSING AUTHORITY

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MRS. O. ADEKOYA V FEDERAL HOUSING AUTHORITY

Legalpedia Citation: (2008) Legalpedia (SC) 15114

In the Supreme Court of Nigeria

Fri Apr 18, 2008

Suit Number: S.C. 342/2002

CORAM


NIKI TOBI JSC,JUSTICE, SUPREME COURT

SUNDAY AKINOLA AKINTAN JSC,JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JSC (Lead Judgment) JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD JSC JUSTICE, SUPREME COURT

CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC JUSTICE, SUPREME COURT.


PARTIES


MRS. O. ADEKOYA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant entered into a lease contract with the respondent on the 25th July 1977 for a flat in  Festival Town but was notified on 6th September 1982 that she has been allocated a flat in Amuwo-Odofin instead. The two lower courts struck out her case on being statute barred.


HELD


The court held that the cause of action arose when the appellant was notified that she has been allocated a flat in Amuwo-Odofin and therefore her case was not statute barred. ?


ISSUES


Whether the action was defeated by reason of the provisions of Section 8(1 )(a) of the Limitation Law of Lagos State.


RATIONES DECIDENDI


CASES CITED


1. Alhaji Umaru Abba Tukur v Govt. of Gongola State 1989 4 N.W.L.R. (Part 117) 517 at 549, 2. Nimpa v Pyendang (1994) 7 N.W.L.R. (Part 356) 346 at 353;3. Anibi v Shotimehin (1993) 3 NWLR (Part 282) 461 at 477; 4. Izenkwe v Nnadozie 14 WACA 361 at 363; 5. Adeyemi v Opeyori (1976) 9 – 10 SC 31 at 51; 6. Western Steel Works v Iron And Steel Workers (1987) NWLR (Part 49) 284


STATUTES REFERRED TO


The Limitation Law of Lagos State


CLICK HERE TO READ FULL JUDGMENT

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