Oftentimes when a defence of statute of limitation is set up against an action, there may be dispute as to the date of the accrual of action. And when such situation arises, the Supreme Court had stated in a plethora of cases how same should be resolved.

In Kasandubu V. Ultimate Petroleum Ltd. (2008) 7 NWLR (pt. 1086) at page 274, it was held that, “if there is a dispute as to the date of accrual of action, the court will not determine it until evidence has been called on the issue”.

It is trite law that where a plea that an action is statute barred is raised before trial, the Court is to determine when the cause of action arose and when the suit was filed. The Court will decide by looking into the Statement of Claim for the date when the action arose, and the Writ of Summons for the date when the action was filed. No other process can be considered. KASANDUBU V. ULTIMATE PETROLEUM LTD. (supra).

If there is a dispute as to the date of accrual of action, the Court will not determine it until evidence has been called on the issue. The Court will make a finding of fact after considering evidence.

See also ELABANJO V. DAWODU [2006] 15 NWLR PT.1001 where the Supreme Court stated thus:

“the period of limitation in any limitation statute is determined by looking at the Writ of Summons and the Statement of Claim alleging when the wrong was committed which gave rise to the cause of action and comparing that date with the date on which the Writ of Summons was filed”.

Nnamdi Raphael Anagor Esq,AICMC.
Always think Positive.

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