LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Effect of Expiry — Action Not Maintainable
PRINCIPLE STATEMENT
Where an action is statute-barred, the plaintiff loses the right to enforce the cause of action by judicial process; legal proceedings cannot be validly instituted after the prescribed period has elapsed.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in P.N. Udoh Trading Co. Ltd v. Abere & Anor (2001) NLC-131997(SC) at p. 10; Paras A–C.
"Where an action is statute-barred a plaintiff who might have had a cause of action loses the right to enforce the cause of action by judicial process because the period of limitation laid down by the limitation law for instituting such an action has elapsed. An action commenced after the expiration of the period, within which an action must be brought, stipulated in statute of limitation is not maintainable. In short when the statute of limitation in question prescribes a period, within which an action must be brought, legal proceedings cannot be properly or validly instituted after the expiration of the prescribed period."
EXPLANATION / SCOPE
Once the limitation period expires, the plaintiff loses the right to enforce the claim. The action is not maintainable. The court has no jurisdiction to entertain a statute-barred action. The plaintiff cannot revive the claim by any means. The limitation period runs from the date the cause of action accrued. The expiry extinguishes the remedy, and in some cases, the right itself. The defence can be raised at any stage. The court may dismiss the action even if not pleaded, as it goes to jurisdiction. The principle ensures certainty and prevents stale claims. The plaintiff must file within the prescribed period.
