CASE TITLE: MACGREGOR ETENG OMINI & ORS v. YAKURR LOCAL GOVERNMENT AREA & ORS (2019) LPELR-46300(CA)
JUDGMENT DATE: 11TH JANUARY, 2019
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT
INTRODUCTION:
This appeal borders on the application of statute of limitation.
FACTS:
This appeal is against the judgment of the High Court of Cross River State, Corum Hon. Justice Akon Ikpeme sitting at Ugep Judicial Division delivered on 3/8/2009, dismissing the appellants’ suit on the ground that same was caught up by statute of limitation. The appellants are retired military personnel who took up a fresh appointment with the 1st respondent and whose salaries were stopped. They commenced a civil suit against the respondents on the 15th of January, 2007 for payment of their salaries. Upon being served with the originating processes, the 2nd and 3rd Defendants now respondents raised a preliminary objection praying for the dismissal of the entire suit on the following grounds: –
- The suit is statute barred and is not maintainable against the 2nd and 3rd defendants.
- Even if the suit is maintainable, it does not disclose any cause of action against the 2nd and 3rd Defendants.
- The suit is incompetent not having complied with conditions precedent to the filing thereof, thus robbing the Court of jurisdiction to hear and determine same.
In a reserved and considered ruling delivered on 5/8/2009, learned trial judge held that the cause of action arose in June, 2006 and the suit which was commenced on 15th January, 2007 did not comply with Section 1 (1) (a) of the Public Officers Protection Law, Cap 17 Volume 5, Laws of Cross River State. He subsequently dismissed the suit for being statute barred.
Dissatisfied with the above, appellants approached the Court of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the following issues:
- Was the learned trial judge correct when she held that the suit was statute barred under Section 2 (a) of the Public Officers Protection Law of Cross River State of Nigeria 2004 even though Section 58 of the Local Government Law of Cross River State of Nigeria Cap L 16, 2004 (as amended) provides that suit against local government Area Councils (such as the 1st Respondent) must be commenced one year after the occurrence of the cause of action?
- Whether the learned trial judge was correct when she refused, failed and or neglected to consider and pronounce upon all issues raised and canvassed by the appellants?
DECISION/HELD:
On the whole, the appeal was adjudged to be bereft of merit. Consequently, the suit filed by the plaintiff/appellants at the trial Court was struck out.
RATIOS:
- ACTION – CAUSE(S) OF ACTION: Definition of cause of action; what it consists of
- ACTION – STATUTE BARRED ACTION: Effect of a statute barred action
- INTERPRETATION OF STATUTE – GENERAL AND SPECIFIC PROVISIONS: Position of the law where there is a conflict between two laws covering the same subject matter, one specific and the other general
- LIMITATION LAW – STATUTE OF LIMITATION: Effect of the application of statute of limitation to an action
