The Presiding Judge, Calabar Judicial division of the National Industrial Court, Hon. Justice Sanusi Kado has dismissed the objection filed by Ecobank Nigeria Plc against the case brought by Mr. Christopher Okoro challenging the jurisdiction of the court for lacking in merit.
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Justice Kado ruled that Mr. Christopher Okoro’s suit before the court is not statute-barred since the initial action commenced within the time allowed by the law, that the limitation law is frozen while Okoro’s action lasted at the High Court and Court of Appeal, and awarded the sum of N100k against the bank as cost.
From facts, the claimant- Mr. Christopher Okoro had approached the court to ventilate his grievances and seek remedy for the alleged wrong occasioned to him by Ecobank Plc, as the initial case was struck out by the High Court and affirmed by the Court of Appeal, Calabar Division, on the ground that the proper court to try the claim is the Industrial Court.
The defendant- Ecobank Nigeria Plc filed a conditional appearance and a preliminary objection was brought pursuant to section 16 of the Limitation Law of Cross River State, prayed for dismissal of the suit on the ground that the action is statute-barred having been filed outside 5 years limitation period for simple contract.
Learned Counsel to Ecobank submitted that a court cannot extend the time prescribed except where the law provides for, which such extension is not provided for under the limitation law of Cross River State.
In opposition, Mr. Okoro’s counsel, Uyobong Jonas Esq averred that the present suit cannot be affected by the limitation law since the action was initially commenced at the High Court of Justice of Cross River State within the period allowed by law, and urged the court to assume jurisdiction.
Delivering the ruling after careful evaluation of the submission of both parties, the presiding Judge, Justice Sanusi Kado held that computation of time during the pendency of an action shall remain frozen from the filing of action until it is determined or abated.
Justice Kado ruled that Mr. Okoro’s filing of the suit before the court is not statute-barred since the initial action was commenced within the time allowed by the law, that the period when the claimant’s action lasted at the High Court and Court of Appeal, the limitation law is frozen.
“I shall observe that Limitation laws are procedural and of strict liability, such that when the period of limitation begins to run in respect of a cause of action it cannot generally be broken. However, like every proposition of law, there is an exception to the general rule. This case is an example of the exception to the general rule on limitation of action.” The Court ruled.
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