DAILY LAW TIPS (Tip 374) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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List Of Agreements That Cannot Be Challenged In Court After Six Years.
There are different types of agreements/contracts in Nigeria and they all have different benefits.
Where there is a dispute arising from an agreement, such dispute can be taken to court for determination. Unfortunately, there are some agreements that cannot be taken to court even where there is a dispute/damage arising from them after six (6) years from the date such dispute arose.
It is so because there must be an end to litigation and the law assumes that where 6 years pass after such dispute arose from such agreements but such dispute was not brought to court, then the injured/affected party is not serious and vigilant.
The said agreements include;
1. Simple Agreements
2. Quasi-Agreements
3. Agreements for undertakings made before a court to do or not to do anything(Recognisance)
4. Agreement for recovery of a seaman’s wages.
5. Agreements for recovery of arrears of interest on debt after 6 years of interest being due.
My authorities are sections 7(1), 2, 6 and 70 of the Limitation Act 1966, Chapter 522, Laws of the Federation (Abuja), and other similar laws in states across Nigeria and the never revoked but omitted federal law; The Limitation Act.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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