Just Decided Cases

P.N. UDOH TRADING COMPANY LTD V SUNDAY ABERE & ANOR

Legalpedia 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


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