LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Recovery of Land — Extinction of Title after Expiry of Period
PRINCIPLE STATEMENT
On the expiration of the period fixed by the Limitation Decree for any person to bring an action to recover land, the title of that person to the land shall be extinguished.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in P.N. Udoh Trading Co. Ltd v. Abere & Anor (2001) NLC-131997(SC) at p. 35; Paras D–E.
"On the expiration of the period fixed by this Decree for any person to bring an action to recover land, the title of that person to the land shall be extinguished."
EXPLANATION / SCOPE
Under the Limitation Decree, the expiry of the limitation period for recovery of land extinguishes the owner’s title, not merely the remedy. The owner loses the right to the land altogether. This is a more drastic effect than in other claims where only the remedy is barred. The principle applies to actions to recover land. The limitation period is typically twelve years. After the period expires, the possessor acquires an indefeasible title. The former owner cannot reclaim the land by any means. The extinction is automatic upon expiry. The principle ensures finality in land ownership and protects long-term possessors. The court cannot restore the extinguished title.