LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Duration of Right of Action Is Limited
PRINCIPLE STATEMENT
The duration of a right or cause of action is necessarily limited and does not last till eternity. It lapses after the limitation period prescribed by statute. When dealing with limitation statutes, the first step is to determine the precise date the cause of action accrued because time runs from that moment.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Woherem v. Emereuwa & Ors (2004) NLC-1612000(SC) at pp. 8–9; Paras E–A.
"The duration of a right or cause of action which is conferred on an injured party is necessarily limited and does not last till eternity. It lapses after the date the statute of limitation proclaims that no such legal action or proceedings may lawfully be taken or commenced by an injured party. It is therefore necessary when dealing with statutes of limitation to determine firstly the precise date the cause of action accrued because time will start to run from the moment the cause of action arose."
EXPLANATION / SCOPE
Limitation statutes restrict the duration of a cause of action. The principle applies to limitation law. Time runs from the date of accrual. The rule ensures that stale claims are not litigated. The court must first determine the accrual date. The principle is fundamental.