Oyebamiji & Ors.v. Iyabo Afusat Lawanson & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

O. OGEBE, J.S.C.

The respondents sued the appellants before the High Court of Justice Ibadan claiming the following reliefs:-

(a) N10,000.00 General damages for trespass being presently committed by the defendants on the property of Bandele Ayinla Lawanson (deceased) the father of the plaintiffs lying and being at Orita Bashorun, Aba Road, Ibadan covered by Deed of conveyance registered as 50/50/458 of Lands Registry, Ibadan.

“(b) Perpetual Injunction restraining the defendants by themselves, their agents, servants and privies from committing further trespass on the land.”

Pleadings were exchanged by the parties and the trial court after hearing evidence and listening to the addresses of the parties gave judgment in favour of the Respondents Dissatisfied with the judgment, the appellants appealed to the Court of Appeal Ibadan and raised for the first time the issue of limitation of action. The Court of Appeal dismissed the appeal.

This is a further appeal to the Supreme Court and the learned counsel for the appellants filed a brief on their behalf and formulated five issues for determination as follows:-

1. “Whether the court has jurisdiction to entertain the paintiffs/respondents’ claims having regard to (i) Section 7 (2) of the Limitation Law Cap 64, Laws of Western Region of Nigeria and (ii) Section 4(1 )(a) of the Limitation Law Cap. 64, Laws of Oyo State of Nigeria, 1978”.
2. Whether the defence of limitation which relates to the issue of jurisdiction needs to be specifically pleaded in the Statement of Defence before it can be raised.
3. Whether the plaintiffs/respondents have discharged the onus of proof that exhibit “8” and exhibits ‘C’-C’3′ were duly executed by respective vendors mentioned in the said documents without calling any member of their family to testify on their behalf
4. Whether the plaintiffs/respondents have proved a better title to entitle them to judgment against the defendants/appellants
5. Whether the learned court has jurisdiction to entertain the action having regard to Section 10 of the Administration of Estates Law, Laws of Oyo State of Nigeria, 1978.”

The learned counsel for the Respondents also filed a brief on their behalf and formulated two issues for determination as follows: –

1. “Whether the statute of Limitation or any statute for that matter, is one that the Appellants should specifically plead in their statement of defence or one to be merely inferred by the court from the Respondents’ Writ of Summons and statement of claim and no more as the appellants are contending in this appeal”.

2 “Whether the plaintiffs/respondents has discharged the burden of proof placed on them to entitle them to the judgment of the court in this appeal.”

The two issues formulated by the Respondents encompass the five issues contained in the Appellant’s brief. I shall therefore adopt the issues formulated by the Respondents in determining this appeal.

The main argument of the learned counsel for the Appellants is that the trial court lacked the jurisdiction to try the case because, the action was statute barred by virtue of Section 7 (2) of the Limitation Law Cap 64, Laws of the Western Region of Nigeria and Section 4 (1) (a) of the Limitation Law Cap 64, Laws of Oyo State 1978. He also questioned the jurisdiction of the trial court to entertain the action having regard to Section 10 of the Administration of Estate Law, Laws of Oyo State of Nigeria 1978 because the respondents did not obtain letters of administration before suing in respect of the estate of their deceased father.

It should be noted that these issues were not raised in the court of first instance. The issue of limitation was raised for the first time in the Court of Appeal and the Court of Appeal ruled against the appellants. The issue is being repeated in this Court. The issue in respect of the Administration of Estate Law is being raised for the first time in this Court.

The learned counsel for the appellants submitted that the cause of dispute arose in the year 1984 while the action was brought in 1991 It was therefore caught by the Limitation Law of Oyo State. He relied on the case of Egbe V. Adefarasin 1987 1 NWLR Pt. 47

(1). He submitted that the defendants need not plead the statute of limitation before it is enforced since it touches on jurisdiction and can be raised at any stage. He relied on the case of Amata V. Omofuma (1997) 2 NWLR (Pt. 485) 93, which I find inapplicable to the facts of the present case.

The learned counsel further submitted that since respondents did not obtain letters of administration before suing, they had no locus standi to institute the action