LIMITATION LAW — Limitation Periods — When Time Begins to Run in Tort
Principle Statement
The cause of action arose on receipt of exhibit B in which the defendant denied possession of the machine. The action filed about three years after was not statute-barred.
Ratio Decidendi (Source)
Per Kutigi, JSC, in Amusan v. Obideyi (2005) NLC-1702000(SC) at p. 3; Paras B–C.
"The cause of action in this case arose on the receipt by the plaintiff of exhibit B in which the defendant in effect denied possession of the machine. In other words, the Limitation Law, 1989 would not bar the institution of this action which was filed sometime in 1992, just about 3 years after the cause of action arose."
Explanation / Scope
Cause of action in tort arises when the wrong is discovered or denial received. The principle applies to limitation law.
