LEGAL PRINCIPLE: LIMITATION LAW – Statute of Limitations – Date of Accrual – Legislation Dormant Until Implementation
PRINCIPLE STATEMENT
Many statutes and subsidiary legislations usually lie dormant in the statute book. There is no obligation on those likely to be affected by them to rush to litigation. But when any step is taken to implement such a statute or subsidiary legislation e.g. a registered declaration of custom regarding chieftaincy, then a dispute would arise giving rise to a cause of action. It is then the person aggrieved can prosecute an action on it effectively.
RATIO DECIDENDI (SOURCE)
"Many statutes and subsidiary legislations usually lie dormant in the statute book. There is no obligation on those likely to be affected by them to rush to litigation. But when any step is taken to implement such a statute or subsidiary legislation e.g. a registered declaration of custom regarding chieftaincy, then a dispute would arise giving rise to a cause of action. It is then the person aggrieved can prosecute an action on it effectively."
EXPLANATION / SCOPE
Statutes lying dormant in the statute book do not impose an obligation to rush to litigation. A cause of action arises only when a step is taken to implement the statute—e.g., a registered declaration of custom. Before implementation, there is no dispute. The limitation period runs from the date of implementation, not enactment. The principle prevents premature actions. The potential for future harm is insufficient. The plaintiff must wait until the statute is actually applied to them. The court examines when the plaintiff’s rights were actually infringed. The limitation period begins when the cause of action accrues—when all material facts have happened. The principle applies to chieftaincy declarations, by-laws, and other subsidiary legislation.