CYRIL O. OSAKUE V. FEDERAL COLLEGE OF EDUCATION (TECH) ASABA & ORS.
June 20, 2025THOR LIMITED V. FIRST CITY MERCHANT BANK LTD
June 20, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11114
In the Supreme Court of Nigeria
Fri Feb 15, 2002
Suit Number: SC. 189/2000
CORAM
ABUBAKAR BASHIR WALI, JUSTICE SUPREME COURT
UWAIFO, JUSTICE, SUPREME COURT
UTHMAN MOHAMMED, JUSTICE SUPREME COURT
PARTIES
TEXACO PANAMA INCORPORATION (Owners of the Vessel “M. V. STAR TULSA”) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff instituted action in negligence against the defendant for damages sustained by its oil tanker more than 12 months after the act. The defendant contended that the action was not maintainable in law and statute barred by virtue of section 317(3), 8 and 9 of the Oil Terminal Dues Act.
HELD
The court held that though the defendant is a private oil terminal, the Oil Terminal Dues Act which incorporates the Port Act applies to it and therefore, the provision that an action against oil terminal must be commenced within 12 months enures to its favour.
ISSUES
1. Whether the provisions of the Oil Terminal Dues Act apply to Oil Terminals other than those established, described, delimited, named and contemplated in the Act.2. Whether the court was right to hold that the action was barred by limitation of time without evidence on any single element of that plea.3. Whether want of pre-Action notice to the Defendant was fatal to the action.?
RATIONES DECIDENDI
WHEN IS A CAUSE OF ACTION STATUTE BARRED
A cause of action is statute barred if it is brought beyond the period laid down by the statute within which such action must be filed in court. A Statement of Claim would give a date when the cause of action arose and the writ would show when the suit was filed in court – Kalgo J.S.C
COMPETENCY OF ACTIONS IN RESPECT OF PROCEEDINGS AGAINST PORTS/OIL TERMINAL AUTHORITY OR THEIR SERVANTS/AGENTS UNDER SECTION 110 (1) OF THE PORT ACT
According to the provisions of Section 3 of the Oil Terminal Dues Act, reference to the “Authority” in the Ports Act, shall be construed as being reference to an “oil terminal”. Therefore to have a valid and competent suit against oil terminal, the plaintiff must have:- (a) Filed his action or suit within 12 months next after the act, neglect or default complained of i.e. 12 months after the caused of action has arisen and (b) given notice to the respondent in writing of at least one month of his intention to commence or institute the action or suit – Kalgo J.S.C.
CASES CITED
Awolowo v. Shagari (1979) 6-9 SC 51Adejumo v. Governor of Lagos State (1972) 3 SC 45; Attorney-General of Bendel State v. Attorney-General of the Federation (1981) 10 SC 1; Owena Bank (Nig.) Plc. V. NSE Ltd (1997) 8 NWLR (pt. 515) 1 at 12Tukur v. Governor of Gongola State (1989) 4 NWLR (pt. 117) 517, Ezenwosu v. Ngonadi (1992) 8 NWLR (Pt. 258) 139
STATUTES REFERRED TO
The Oil Terminal Dues ActThe Port Act?
