LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Pleading of Limitation Defence — Requirement to Plead Facts, Not Law
PRINCIPLE STATEMENT
What is to be pleaded are facts and not the law relied upon; a defence founded on the statute of limitations is a defence of law that can be raised in limine without any evidence in support, provided the writ and statement of claim disclose that the cause of action is outside the prescribed period.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in P.N. Udoh Trading Co. Ltd v. Abere & Anor (2001) NLC-131997(SC) at p. 17; Paras A–C.
"What is to be pleaded are facts and not the law relied upon. A defence founded on the statute of limitations is a defence that the plaintiff has no cause of action. It is a defence of law which can be raised in limine, and without any evidence in support. It is sufficient if prima facie the dates taking the cause of action outside the prescribed period is disclosed on the writ of summons and statement of claim."
EXPLANATION / SCOPE
The limitation defence requires pleading facts showing that the action was filed after the prescribed period. The legal conclusion (statute-barred) need not be pleaded. The defence can be raised as a preliminary objection without evidence if the dates on the writ and statement of claim show the action is out of time. The court can determine the issue from the pleadings alone. The defendant does not need to file a statement of defence to raise limitation. The principle promotes early disposal of stale claims. The plaintiff cannot avoid the defence by failing to plead dates. The court will examine the writ and statement of claim.
