Ratio Decidendi

Per Mukhtar, JSC (adopting Oputa, JSC in Egbe v. Adefarasin), in FRIN v. Gold (2007) NLC-123-40-2004(SC) at pp. 10–11; Paras D–E:

"'A cause of action is said to be statute barred if in respect of it the proceedings cannot be brought because the period laid down by the limitation law or Act had elapsed. How does one determine the period of limitation. The answer is simply by looking at the writ of summons and the statement of claim alleging when the wrong was committed which gave the plaintiff a cause of action and by comparing that date with the date on which the writ of summons was filed. This can be done without taking oral evidence from witnesses. If the time on the writ is beyond the period allowed by the limitation law then the action is statute barred.'"

Explanation / Scope

A claim is statute-barred if the period allowed by the limitation law has elapsed before the writ is filed. The determination is made by comparing the date of the wrong as alleged in the writ and statement of claim with the date the writ was filed. This can be done without oral evidence, purely from the face of the pleadings. If the time exceeds the limitation period, the action is statute-barred.

Cases Applying This Principle