The statute of limitation is a matter fundamentally inherent in the question of jurisdiction which can be raised at any stage of proceeding, at the trial Court and even on appeal up to the Apex Court. [1] It is long settled that an issue of jurisdiction is a periphery matter which must be resolved before proceeding to determine the merits of the cause, where the issue found not to have any merit. When an issue of limitation of time to institute an action is raised it is a preliminary issue touching on the competence of not only the action, but of the court before which the action pends. The limitation law or statute bar is a special defence and if available to the defendant at the time of the action, it must be specifically pleaded before it can be raised in the matter, either by way of a motion or otherwise.[2]A defendant or party intending to raise or rely on defence of limitation law or statute of limitation must first of all specifically plead same otherwise the defence, being a special one, will not avail him. The rationale for this principle is to be found within the rules of pleadings, particular intent of which is to give notice to the other party so as not to take him by surprise.[3]
[1]Frin v Gold (2007) 11 NWLR (Pt 1044) 1; Orire v Idomi and others (2018) LPELR-46119(CA) 32-34 paras D-A.
[2]Ketu v Onikoro (1984) 10 SC 265.
[3]Olagunju v Power Holding Company of Nigeria Plc (2011) 10 NWLR (Pt 1254) 113; Abdullahi and others v Nigerian Army and others (2019) LPELR-46925(CA) 72-80 paras A-E; Kano v Oyelakin (1993) 3 NWLR (Pt 282) 399 at 409.