NEWSWATCH COMMUNICATIONS LIMITED V. ALHAJI ALIYU IBRAHIM ATTA
June 6, 2025DR. EDWIN UNDEMEGBUNAM ONWUDIWE V FEDERAL REPUBLIC OF NIGERIA
June 6, 2025Legalpedia Citation: (2006-04) Legalpedia 95730 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Apr 28, 2006
Suit Number: SC.129/2003
CORAM
S. M. A. BELGORE JUSTICE, SUPREME COURT
PARTIES
NZE BERNARD CHIGBU APPELLANT
APPELLANTS
TONIMAS NIGERIA LIMITED RESPONDENT
CHIEF ANTHONY ENUKEME
RESPONDENTS
AREA(S) OF LAW
STATUTE OF LIMITATION
SUMMARY OF FACTS
The Appellant/Plaintiff filed an action in the High Court seeking for five reliefs against the Respondent. The Respondent challenged the Jurisdiction of the High Court on the ground that the suit was Statute Barred.
HELD
The Supreme Court allowed the appeal in part holding that the reliefs based on contracts were statute barred but those based on detinue were not.
ISSUES
Whether the Imo State Limitation Edict of 1994 or the English Limitation Act of 1623 applied to the suit
RATIONES DECIDENDI
PRESUMPTION AGAINST RETROSPECTIVE CONSTRUCTION
“It is settled law that the presumption against retrospective construction has no appli-cation to enactments which only affect procedure and practice of the courts.” As Mellish J. said in Republic of Costa Rica V. Ertanger [1974] 3 Ch. D 62 . G.A. OGUNTADE, JSC
CASES CITED
Cases referred to in the judgment
Republic of Costa Rica V. Ertanger [1974] 3 Ch. D 62
Adamu V. The State [1991] 4 NWLR (Pt. 187) 530
Adejumo V. Governor [1972] 3 S.C. 45
Akinnuoye V. Military Administrator of Ondo State & Ors. (1997) 1 NWLR (Pt.483)
Alese V. Aladetunji (1995) 6 NWLR (Pt. 403) 527
Atolagbe V. Awuni [1997] 9 NWLR (Pt. 522) 66
Attorney-General V. John Holt and Co. (1910) 2 NLR 1
Egbe V. Adefarasin (1987) 1 NWLR (Pt. 47) 1
Governor of Oyo State V. Folayan (1995) 8 NWLR (Pt. 413) 292
Ifezue V. Mbadugha [1984] 5SC. 79
Imo State and Mustapha V. Governor of Lagos State [1987] 2 NWLR (Pt.58) 539
Inspector – General of Police V. Karama (1934) 2 WACA 185
Julius Berger (Nig) Plc. V. Omogui (2001) 15 NWLR (Pt.736) 401, (2001) 9 SCM, 21
Moon V. Durden (1884) 2 x EX 22
Mustapha V. Governor of Lagos State (1987) 2 NWLR (Pt. 58) 539
Ojokolobo V. Alamu [1987] 3 NWLR (Pt.61) 377
Rains V. Buxton (1880) 14 Ch.D 537
Ralaph Industries (Nig) Ltd V. Nwaiwu (1994) 9 NWLR (Pt. 341) 760
RE Atlolumney (1898) 2 GB.551
Republic of Costa Rica V. Ertanger [1974] 3 Ch. D 62
Ribeiro V. Chahin (1954) 14 WACA 476
Rossek V. A.C.B. Ltd. [1993] 8 NWLR (Pt.312) 382
Onashile V. Idowu [1961] All N.L.R. 313
The King V. Dharme (1905) 2KCB 335
West V. Gwynne [1911] 2 Ch D.1
STATUTES REFERRED TO
Imo State Limitation Edict, 1944
