ACTION – STATUTE BARRED ACTION – How to determine whether an action is statute barred


“It is trite law that in order to determine whether a case is statute barred, it is the claimants originating processes, usually the writ of summons and the statement of claim that is considered. In the instant appeal, the action before the trial Court was commenced by originating summons. Therefore, in order to determine whether the Court below had jurisdiction to hear and determine the appeal, the processes to consider are only the originating summons and affidavit in support of originating summons vis-a-vis the relevant limitation law. See the cases of Egbe v. Adefarasin (1987) LPELR – 1032 (SC), (1987) 1 NWLR (Pt.47) 1; Williams v. Williams (2008) LPELR – 3493 (SC), (2008) 10 NWLR (Pt. 1095); Aremo II v. Adekanye & Ors (2004) LPELR – 344 (SC), (2004) 13 NWLR (Pt.891) 572.” Per ADAMU JAURO, JSC in AGUMA v. APC & ORS (2021-LCER-40458-SC) (Pp 32 – 33 Paras E – C)

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