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PROCEEDINGS AFTER LIMITATION PERIOD IS DEFECTIVE

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Dictum

Lautech v. Ogunwobi (2006) 4 NWLR (Pt. 971) 569, “When the statute of limitation in question prescribed a period within which an action must be brought, legal proceedings cannot be properly or validly instituted after the expiration of the prescribed period. Any such action instituted must be struck out as not being properly, before the Court.” This case was relied on in MR. EMMANUEL AKABOM ENEBONG & ANOR v. ETUBOM ALEX OTU EDEM & ORS (2016)

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PURPOSE OF LIMITATION LAW

The object of the Limitation Law is to penalise claimants who slumber over the enforcement of their rights. – Ikyegh, JCA. SIFAX v. MIGFO (2015) Was this dictum helpful? Yes 0 No 0...

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FRAUDULENT CONCEALMENT IN EQUITY – ENTRY TO LAND

Apart from fraudulent concealment of right of action which itself furnishes a cause of action, knowledge cannot be said to be relevant. In order to constitute such fraudulent concealment as would, in equity, take a case out of the law of limitation, it is not enough that there should be merely tortuous act unknown to...

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FOR PUBLIC SERVANT, SUIT MUST COMMENCE WITHIN THREE MONTHS

Lautech v. Ogunwobi (2006) 4 NWLR (Pt. 971) 569, “any action, prosecution, or other proceeding commenced against any person for any act done in pursuance or intended execution of any Law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of, or in case of continuance of damage or injury, within three months after the cessation thereof”.

This case was relied on in MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLC (2012).

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TO DETERMINE STATUTE BARREDNESS IN RESPECT OF CUSTOMARY LANDS, THE LIMITATION LAW IS PECULIAR

Nwiboeke V Nwokpuru (2016) LPELR-41524(CA) 13: “The argument by learned Counsel for the respondent that limitation laws are not applicable to customary law or actions to recover land held under Customary Law cannot be accommodated by the clear words of S. 3 of the limitation law. Such argument is contrary to that provision. It is...

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ACCEPTANCE OF LIABILITY WILL STOP PERIOD OF LIMITATION FROM RUNNING

It is also settled law that generally negotiation by the party does not prevent or stop the period of limitation stipulated by a statute from running. This however is subject to qualification that where there has been admission of liability during negotiation and all that remains is fulfillment of the agreement it can not be...

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