MR. Akanni Oyedele & Ors V. MR. Wasiu Ajayi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment)

This appeal is over a Ruling of the lower court that the matter before it, a land case, is statute barred. The matter before the lower court was commenced by a Writ of Summons. The Claimants also filed a statement of claim.

However the 2nd defendant (the 2nd respondent in this appeal) found it necessary to fife a Notice of Preliminary Objection. By the Notice of Preliminary Objection, the 2nd Respondent wanted the lower court to dismiss the suit for lack of jurisdiction in that the action was statute barred by virtue of the provisions of Section 6 (2) of the Limitation Law of Ogun State, 2006.

After hearing the submissions of the learned counsel to the parties and considering the affidavit evidence before it, the trial judge delivered his Ruling on the 28th of July 2010. He upheld the preliminary objection and ruled that the right of action of the claimant (the appellant in this appeal) has been extinguished by virtue of the Limitation Law of Ogun State.

Dissatisfied with the Ruling, the appellant filed a Notice of Appeal challenging the Ruling of the learned trial judge on three grounds, namely-

GROUND 1

The learned trial judge erred in raw when he herd that the cause of action of the claimants/appellants arose in 1986 when the Ogun State Government acquired the land in dispute for the 2nd defendant.

Particulars

The Claimants had copiously pleaded in paragraphs 6-11 of the Amended Statement of Claim dated 14th April 2010 that the acquisition of heir land by the Ogun State Government led to a series of litigation which were mutually settled and relied on Suit No. CA/I/m231/1990 and 2nd defendant’s letter dated 30th October, 1990 confirming that the cause of action which arose in 1986 was pursued and laid to rest by the parties amicably.

GROUND 2

The lower court erred in law by making recourse to the Amended statement of Defence of the 1st Defendant in holding that the land in dispute has been allocated to the 1st defendant.

Particulars

It is trite law that a court of law is to have recourse to the statement of claim and the Writ of Summons of the Claimants in determining when a cause of action arose and the recourse of the learned trial judge in going into the Amended Statement of Defence of the 1st defendant amounts to exceeding its jurisdiction and perverse justice.

GROUND 3