May 10, 2025
Legalpedia Citation: (2014) Legalpedia (CA) 75485 In the Court of Appeal Fri May 2, 2014 Suit Number: CA/B/171/2009 CORAM HELEN MORONKEJI OGUIMWUMIJU, JUSTICE COURT OF APPEAL PARTIES […]
CORAM
HELEN MORONKEJI OGUIMWUMIJU, JUSTICE COURT OF APPEAL
PARTIES
MR. DANIEL TEIBOGREN APPELLANTS
1. THE GOVERNOR OF DELTA STATE
2. THE ATTORNEY-GENERAL OF DELTA STATE
3. MINISTRY OF WORKS, DELTA STATE
4. BOMADI LOCAL GOVERNMENT COUNCIL
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Appellant instituted an action against the Defendants/Respondents at the trial Court seeking a declaration that the Plaintiff/Appellant was the beneficial owner or the person rightfully entitled to a statutory right of occupancy in respect of the piece or parcel of land lying, being and situate at a point near the Bomadi-Ohoro Road by the Bomadi-Forcados river at the Bomadi over side in Bomadi and for an order of the trial Court declaring the acquisition of the said piece of land by the 4th Defendant/Respondent, who later transferred same to the 2nd Defendant/Respondent, as being null and void. The Defendants/Respondents filed a counter-claim to the Plaintiff/Appellant’s action. The trial Court dismissed the Plaintiff/Appellant’s suit as being statute -barred and also dismissed the Defendants/Respondents’ counter-claim. Dissatisfied with the decision of the trial Court the Plaintiff/Appellant appealed to the Court of Appeal.
HELD
Appeal dismissed
ISSUES
Whether the lower court was right in striking out the Appellant’s case on the ground that the action was statute barred, thus incompetent by virtue of the provisions of the Limitation Law CAP. 89, Laws of Bendel State, 1976, as applicable to Edo State.?
RATIONES DECIDENDI
CAUSE OF ACTION- WHAT IS A CAUSE OF ACTION – WHEN DOES A CAUSE OF ACTION ARISES
“It is a trite principle, that a cause of action is an injury or wrong the plaintiff alleges the defendant has inflicted thereupon, thereby forming the basis of the relief being sought in the suit. Thus, by the very nature thereof, a cause of action arises from the date of the commission of the injury or wrong, which the plaintiff urges upon the trial court to redress.” PER SAULAWA JCA
STATUTE OF LIMITATION – INSTANCES WHERE THE STATUTE OF LIMITATION WILL BE INAPPLICABLE
“Statute of limitation does not apply in cases of concealed fraud so long as the defrauded party remains in ignorance of the fraud without any fraud of his own.” PER SAULAWA JCA
STATUTE OF LIMITATION – FUNDAMENTAL PRINCIPLE OF A STATUTE OF LIMITATION
“The trite fundamental principle is that where a statute explicitly provides for institution of an action within a limited period, no action shall be filed after the expiration of the period so prescribed. And any action that is instituted after the expiration of the limited period prescribed by the statute shall be deemed barred, thus liable to be struck out.” PER SAULAWA JCA
LIMITATION OF ACTION – DUTY OF A COURT WHERE A PLEA OF STATUTE BAR IS RAISED IN AN ACTION
“Where a plea of statute-bar is raised at the trial of an action, as in the instant case, the trial court is duty bound to first and foremost consider and determine when the cause of action actually arose vis-a-vis the date of filing the suit. And like in all cases relating to jurisdictional competence, the court shall consider the originating processes (the writ of summons or originating summons vis-a-vis statement of claim) with a view to determining when the cause of action arose”. PER SAULAWA JCA
STATUTE OF LIMITATION- EXCEPTION TO THE GENERAL RULE IS THAT AN ADMISSION OF LIABILITY IN THE COURSE OF NEGOTIATION BETWEEN THE RESPECTIVE PARTIES SHOULD NOT BE ALLOWED TO BE STATUTE- BARRED AFTER THE EXPIRATION OF THE STATUTORY PERIOD
“Instructively, one of the salient exceptions to the general rule of statute of limitation is that where there is an admission of liability in the course of negotiation between the respective parties, substantial and equitable justice demand that the action should not be allowed to be statute-barred after the expiration of the statutory prescribed period.” PER SAULAWA JCA
LIMITATION LAW – BEST OPTION AVAILABLE TO A PARTY WHOSE RIGHT OF ACTION HAS ACCRUED
“The best possible option or cause for a person whom the right of action has accrued thereto, is to institute an action against the other party within the statutory time limit, so as to protect the interest thereof in case the negotiation fails. PER SAULAWA JCA
FINDINGS OF TRIAL COURT – WHEN CAN THE FINDINGS OF A TRIAL COURT BE SET ASIDE BY AN APPELLATE COURT
“Finding of the trial court that are obviously borne out of credible evidence and laid down rule of law, ought not be set aside by an appellate court. Unless they are either perverse or unsupported by credible evidence.” PER SAULAWA JCA
FINDINGS OF TRIAL COURT – WHEN CAN THE FINDINGS OF A TRIAL COURT BE SET ASIDE BY AN APPELLATE COURT
“Finding of the trial court that are obviously borne out of credible evidence and laid down rule of law, ought not be set aside by an appellate court. Unless they are either perverse or unsupported by credible evidence.” PER SAULAWA JCA
CAUSE OF ACTION- WHAT IS A CAUSE OF ACTION – WHEN DOES A CAUSE OF ACTION ARISES
“It is a trite principle, that a cause of action is an injury or wrong the plaintiff alleges the defendant has inflicted thereupon, thereby forming the basis of the relief being sought in the suit. Thus, by the very nature thereof, a cause of action arises from the date of the commission of the injury or wrong, which the plaintiff urges upon the trial court to redress.” PER SAULAWA JCA
STATUTE OF LIMITATION – FUNDAMENTAL PRINCIPLE OF A STATUTE OF LIMITATION
“The trite fundamental principle is that where a statute explicitly provides for institution of an action within a limited period, no action shall be filed after the expiration of the period so prescribed. And any action that is instituted after the expiration of the limited period prescribed by the statute shall be deemed barred, thus liable to be struck out.” PER SAULAWA JCA
LIMITATION OF ACTION – DUTY OF A COURT WHERE A PLEA OF STATUTE BAR IS RAISED IN AN ACTION
“Where a plea of statute-bar is raised at the trial of an action, as in the instant case, the trial court is duty bound to first and foremost consider and determine when the cause of action actually arose vis-a-vis the date of filing the suit. And like in all cases relating to jurisdictional competence, the court shall consider the originating processes (the writ of summons or originating summons vis-a-vis statement of claim) with a view to determining when the cause of action arose”. PER SAULAWA JCA
STATUTE OF LIMITATION- EXCEPTION TO THE GENERAL RULE IS THAT AN ADMISSION OF LIABILITY IN THE COURSE OF NEGOTIATION BETWEEN THE RESPECTIVE PARTIES SHOULD NOT BE ALLOWED TO BE STATUTE- BARRED AFTER THE EXPIRATION OF THE STATUTORY PERIOD
“Instructively, one of the salient exceptions to the general rule of statute of limitation is that where there is an admission of liability in the course of negotiation between the respective parties, substantial and equitable justice demand that the action should not be allowed to be statute-barred after the expiration of the statutory prescribed period.” PER SAULAWA JCA
LIMITATION LAW – BEST OPTION AVAILABLE TO A PARTY WHOSE RIGHT OF ACTION HAS ACCRUED
“The best possible option or cause for a person whom the right of action has accrued thereto, is to institute an action against the other party within the statutory time limit, so as to protect the interest thereof in case the negotiation fails. PER SAULAWA JCA
STATUTE OF LIMITATION – INSTANCES WHERE THE STATUTE OF LIMITATION WILL BE INAPPLICABLE
“Statute of limitation does not apply in cases of concealed fraud so long as the defrauded party remains in ignorance of the fraud without any fraud of his own.” PER SAULAWA JCA
CASES CITED
STATUTES REFERRED TO
Limitation Law of Bendel State,1976