On whether a Plaintiffs’ action is statute barred.

by caneadmin

In Attorney General of Adamawa State and others v Attorney  General  of The Federationheld as follows:

… it is to be said that in consideration of whether an action is caught  by the statute of limitation, what is of paramount consideration is the determination of (a) the cause of action (b)  when the cause of action  accrued and  (c)  when the action became statute barred.

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To determine the conditions above, what the court would look at are the writ of summons and statement of claim alleging when the wrong which gave the Plaintiff   a cause of action was committed and by comparing that date with the date on which the writ of summons was filed. [1]


[1] (2014) LPELR-23221(SC); Muhammed v Military Administrator, Plateau State (2001) 16 NWLR (PT 374) 722.

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