Legal Principles – Nigerian LawCompass

Limitation Law Important

LIMITATION LAW — Limitation of Actions — Duration of Right of Action Is Limited

"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...

Limitation Law Important

LIMITATION LAW — Limitation Periods — When Time Begins to Run

"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...

Limitation Law Important

LIMITATION LAW — Extinction of Title — Operation of Limitation Law

"On the expiration of the period fixed by this Law for any person to bring an action to recover land, the title of that person to the land shall be...

Limitation Law Important

LIMITATION LAW — Adverse Possession — Knowledge of True Owner — Irrelevance for Statutory Limitation

"On a cumulative reading of the entire provisions of the Limitation Law and in particular, sections 16, 17, 19 and 21 thereof, knowledge on the part of the plaintiff is...

Limitation Law Important

LIMITATION LAW — Adverse Possession — Dispossession of True Owner — Effect of Continuous Adverse Possession

"Where a right of action to recover land has accrued, and thereafter, before the right of action is barred, the land ceases to be in adverse possession, the right of...

Limitation Law Important

LIMITATION LAW — Limitation Periods — When a Limitation Law Becomes Operative

"A Statute of Limitation removes the right of action, the right of enforcement, the right to judicial relief and leaves the plaintiff with a bare and empty cause of action...

Limitation Law Important

LIMITATION LAW – Limitation of Actions – When Time Begins to Run

"It is crystal clear from the facts of this case that the respondent had not become aware of the wrong entries in his accounts until in 1980/81. That being the...

Land Law Important

LIMITATION LAW — Limitation of Actions — Recovery of Land — Period Prescribed — Twelve Years under Limitation Act 1966

"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...

Land Law Important

LIMITATION LAW — Limitation of Actions — Recovery of Land — Extinction of Title after Expiry of Period

"On the expiration of the period fixed by this Decree for any person to bring an action to recover land, the title of that person to the land shall be...

Limitation Law Important

LIMITATION LAW — Limitation of Actions — Pleading of Limitation Defence — Requirement to Plead Facts, Not Law

"What is to be pleaded are facts and not the law relied upon. A defence founded on the statute of limitations is a defence that the plaintiff has no cause...

Limitation Law Important

LIMITATION LAW — Limitation of Actions — Effect of Expiry — Action Not Maintainable

"Where an action is statute-barred a plaintiff who might have had a cause of action loses the right to enforce the cause of action by judicial process because the period...

Limitation Law Important

LIMITATION LAW — Limitation of Actions — Cause of Action — Definition — Material Facts Required

"Cause of action has been defined by courts to mean a combination of facts and circumstances giving rise to the right to file a claim in court for a remedy....