LEGAL PRINCIPLE: LIMITATION LAW — Extinction of Title — Operation of Limitation Law
PRINCIPLE STATEMENT
On the expiration of the period fixed by the Limitation Law for any person to bring an action to recover land, the title of that person to the land shall be extinguished.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, quoting section 21 of the Limitation Law of Lagos State, in Akibu & Ors v. Azeez & Anor (2003) NLC-651997(SC) at p. 16; Paras A–B.
"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 extinguished."
EXPLANATION / SCOPE
Limitation extinguishes title, not just the remedy. The principle applies to land recovery actions. After the period expires, the true owner loses title. The rule is statutory and absolute. The adverse possessor acquires title. The principle promotes finality in land ownership. The court will apply the limitation period strictly.