LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Recovery of Land — Period Prescribed — Twelve Years under Limitation Act 1966
PRINCIPLE STATEMENT
No action for recovery of land shall be brought after the expiration of twelve years from the date on which the right of action accrued.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in P.N. Udoh Trading Co. Ltd v. Abere & Anor (2001) NLC-131997(SC) at p. 38; Paras A–B.
"Subject to paragraph (b) of this subsection, no such action shall be brought after the expiration of twelve years from the date on which the right of action accrued to the person bringing it or, if it first accrued to some person through whom he claims, to that person."
EXPLANATION / SCOPE
The Limitation Act prescribes a twelve-year limitation period for actions to recover land. The period runs from the date the right of action accrued to the plaintiff or to the person through whom the plaintiff claims. The period is the same whether the plaintiff is the original owner or a successor in title. The principle ensures finality in land disputes. After twelve years, the owner’s title is extinguished. The period is longer than the six-year period for other claims, reflecting the importance of land. The court has no discretion to extend the period. The action must be filed within twelve years from accrual. The plaintiff must prove the date of accrual.