LIMITATION LAW – The meaning and essence of limitation law

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The term statute bar (statute of limitations) means a law that bars (limits) claims after a specified period. That’s, a statute establishing a time limit for instituting (filing) a civil suit, based on the date when the claim accrued. The main object of a statute bar is to require diligent prosecution of known claims, thereby according predictability and finality in legal proceedings and ensuring the determination of claims while evidence is reasonably available and fresh. See ORDER OF R.R. TELEGRAPHERS VS RAILWAY EXPRESS AGENCY, 321U.S. 342, 348-49 S.C (1944) 582@ 586, wherein the US apex court postulated eight decades ago: “Statutes of limitations like the equitable doctrine of laches, in their conclusive effects are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded and witnesses have disappeared.” Per I.M.M SAULAWA, JSC in EZE V. UMAHI & 3ORS (2022-LCER-46647-SC) @P. 41, B-F.

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LIMITATION LAW – The meaning and essence of limitation law

PRINCIPLES

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