LEGAL PRINCIPLE: LIMITATION LAW — Adverse Possession — Knowledge of True Owner — Irrelevance for Statutory Limitation
PRINCIPLE STATEMENT
Under the Limitation Law of Lagos State, knowledge on the part of the true owner is not a condition precedent for the running of limitation. The words of the law are clear and unambiguous and must be accorded their ordinary meaning.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ajibona v. Kolawole (1996), quoted with approval by Ogundare, JSC, in Akibu & Ors v. Azeez & Anor (2003) NLC-651997(SC) at pp. 16–17; Paras A–C.
"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 not a condition precedent. The knowledge of the plaintiff is immaterial. The words of the Limitation Law of Lagos State are clear and unambiguous and must therefore be accorded their ordinary meaning."
EXPLANATION / SCOPE
Limitation runs regardless of the true owner’s knowledge. The statutory period is objective. The principle applies to land recovery actions. The owner cannot extend the period by claiming ignorance. The rule promotes certainty and finality. The court will apply the clear statutory language. The principle is well-established.
