ACTION- Statute barred action – The effect of a statute barred action or counter-claim

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The effect of an action that is statute barred is that, the cause of action becomes extinct by operation of law and can no longer be maintained in the court. When an action is statute barred, the plaintiff who might have had a cause of action loses the right to enforce the cause of action by judicial process because the limitation period had elapsed. See: Hassan Vs Aliyu (supra), per Adekeye, JSC @ 89 – 90 C. Any action instituted after the expiration of the prescribed period must be struck out for not being properly instituted before the court.” Per K.M.O KEKERE-EKUN, JSC in EZE V. UMAHI & 3ORS (2022-LCER-46647-SC) @Pp. 29-30, D – A.

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ACTION- Statute barred action – The effect of a statute barred action or counter-claim

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