PRINCIPLE STATEMENT

Illiteracy of some members of a family is totally irrelevant because ignorance of the law is not an excuse.

RATIO DECIDENDI (SOURCE)

Per Adio, JSC, in Eboigbe v. Nigerian National Petroleum Corporation (1994) NLC-2491990(SC) at p. 7; Paras D--E.
"Certainly, illiteracy of some members of the appellant's family is totally irrelevant because ignorance of the law is not an excuse."
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EXPLANATION / SCOPE

Limitation periods apply regardless of parties’ personal circumstances: illiteracy, ignorance of legal rights, lack of legal representation, or unfamiliarity with limitation laws. The maxim “ignorantia juris non excusat” (ignorance of law is no excuse) applies strictly to limitation periods. This harsh rule serves: certainty in limitation application, preventing subjective exceptions based on individual circumstances, and promoting finality. Courts will not consider: claimant’s education level, whether they knew of limitation periods, whether they had legal advice, or other personal disadvantages. However, discoverability rules (in some jurisdictions) may allow later accrual where fraud concealed the claim. But mere ignorance, illiteracy, or lack of sophistication doesn’t extend limitation periods. This creates hardship for unsophisticated claimants but maintains limitation periods’ predictability and objectivity. The principle applies equally to all litigants regardless of personal characteristics.

CASES APPLYING THIS PRINCIPLE