LEGAL PRINCIPLE: LIMITATION LAW — Limitation Periods — When Time Begins to Run
PRINCIPLE STATEMENT
In calculating limitation, compare the writ and statement of claim alleging when the wrong was committed with the writ issue date. If issued beyond the limitation period, the action is statute-barred.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Amusan v. Obideyi (2005) NLC-1702000(SC) at p. 3; Paras A–B.
"In calculating the period of limitation applicable in a case one will look at the writ and statement of claim, which alleges when the wrong suffered by the plaintiff was committed and placing it side by side with the date on which the writ was issued. If the writ was issued beyond the time allowed by the applicable limitation law which is edict No. 11 of 1989, then the action can be said to be statute-barred."
EXPLANATION / SCOPE
Compare date of wrong alleged with writ issue date; late filing is statute-barred. The principle applies to limitation law.