LEGAL PRINCIPLE: CIVIL PROCEDURE – Limitation of Actions – Nature of Limitation Defence
PRINCIPLE STATEMENT
It is a basic principle of law that a Limitation Law or Act removes the right of action, the right of enforcement and the right to judicial relief and leaves the plaintiff with a bare and empty cause of action which he cannot enforce if such cause of action is statute-barred. Accordingly, where the law provides for the bringing of an action within a prescribed period in respect of a cause of action accruing to the plaintiff, proceedings shall not be brought after the time prescribed by such a statute.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at p. 18; Paras B–D.
"It is a basic principle of law that a Limitation Law or Act removes the right of action, the right of enforcement and the right to judicial relief and leaves the plaintiff with a bare and empty cause of action which he cannot enforce if such cause of action is statute-barred. Accordingly, where the law provides for the bringing of an action within a prescribed period in respect of a cause of action accruing to the plaintiff, proceedings shall not be brought after the time prescribed by such a statute."
EXPLANATION / SCOPE
A limitation statute does not merely bar the remedy—it extinguishes the right of action itself. Once the prescribed period expires, the plaintiff retains only a “bare and empty” cause of action incapable of enforcement. The right to judicial relief is removed entirely. This distinguishes limitation from procedural bars; it is substantive. The court cannot entertain such an action because there is no enforceable right. This principle ensures certainty and finality in civil claims, preventing stale demands from being litigated years after events have faded