RAS PAL GAZI CONSTRUCTION COMPANY LIMITED V. FEDERAL CAPITAL DEVELOPMENT
June 24, 2025ETIM JEREMIAH AKPAN V. THE REGISTERED TRUSTEES OF QUA IBOE CHURCH OF NIGERIA & ORS
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 14518
In the Supreme Court of Nigeria
Fri May 18, 2001
Suit Number: SC. 13/1997
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU, JUSTICE, SUPREME COURT
PARTIES
P.N. UDOH TRADING COMPANY LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The cancellation of the appellant’s lease by the Rivers State Government took place in 1972 and he instituted action in 1988.
HELD
The court held that the action was statute barred.
ISSUES
Whether having regard to the state of the pleadings and the evidence adduced at the trial, the Court of Appeal was right when it affirmed the judgment of the Court of first instance to the effect that the Appellant’s suit was statute-barred. ?
RATIONES DECIDENDI
EFFECT OF AN ACTION WHICH IS STATUTE BARRED
If an action which is statute-barred cannot be maintained, and cannot be properly and validly instituted, then it must be struck out as not being properly before the court.- Kalgo J.S.C
NATURE OF CAUSE OF ACTION
Cause of action has been defined by courts to mean a combination of facts and circumstances giving rise to the right to file a claim in court for a remedy. It includes all those things which is necessary to give a right of action and every material fact which is material to roved to entitle the plaintiff to succeed- Kalgo J.S.C.
CASES CITED
1. Patkun Industries Ltd. V Niger shoes Ltd. (1988)12 SC(Pt.II)1;(1988) 5 NWLR (Pt. 93) 138; 2. Ibrahim V Osim (1987) 4 NWLR (pt. 67) 3. Bello v. A.G. Oyo State (1986) 5 NWLR (Pt. 45) 8284. Sanda V Kukawa Local Govt. (1991) 2 NWLR (Pt. 174) 379
STATUTES REFERRED TO
None
