KUTIGI, JSC. (DELIVERING THE LEADING JUDGMENT): The plaintiff took out a writ of summons at the Ibadan High Court claiming the return of his Bernard Terrazo Floor Washing Machine or damages for loss of its use. The parties filed and exchanged pleadings. Thereafter the defendant by motion on notice prayed the court for an order setting down for hearing before trial the point of law raised in her statement of defence as to the action being statute-barred, and an order striking out the statement of claim and dismissing the suit on the grounds stated in the schedule thereto.
The learned counsel for the parties argued the motion and in a considered Ruling the learned trial judge dismissed the application holding that the cause of action was not statute-barred as contended by the defendant. The motion or application was dismissed.
Not satisfied with the ruling of the High Court, the defendant appealed to the Court of Appeal holding at Ibadan. By a unanimous judgment, the Court of Appeal dismi…