LIMITATION LAW — Statute Barred — Determination of — Whether Action is Statute Barred Determined by Examining Writ of Summons and Statement of Claim Only
Principle Statement
For the purpose of determining whether an action is statute-barred, the period of limitation is determined solely by examining the writ of summons and the statement of claim (where one has been filed), as it is from these processes that the alleged date when the wrong occurred or was committed—giving rise to the cause of action—can be ascertained.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC) at pp. 25–26; Paras D–A.
"For the purpose of determining whether or not an action is statute barred, the period of limitation is determined by looking at the writ of summons and the Statement of Claim only. I will however add, where one has been filed, it is from either or both of these processes that one can ascertain the alleged date when the wrong in question is said to have occurred or been committed thereby giving rise to the plaintiff's cause of action."
Explanation / Scope
The determination of whether an action is statute-barred is a preliminary issue of law that must be resolved from the plaintiff’s own pleadings, not from the defendant’s statement of defence or extrinsic evidence. The court looks at the date of the alleged wrong as pleaded; if that date falls outside the limitation period, the action is barred ab initio. This rule ensures that limitation questions are decided early, without the need for a full trial on the merits.
