MRS. COMFORT V. ALMO GASES NIG. LTD

KEKERE-EKUN JCA (Delivering the Lead Judgment): The A appellant in this appeal filed an action against the respondent at the Upper Area Court, Tudun Wada, Kaduna for the following reliefs as contained in her amended statement of claim dated 6/10/99 thus:

“An order of specific performance mandating or directing the defendant to deliver to the plaintiff 80 pieces of 12.5kg cylinder which the plaintiff paid for on 23/9/92 and in which the defendant has deliberately refused or neglected to deliver to the plaintiff despite repeated demands. Alternatively, the plaintiff claim (sic) for the sum of two hundred and ninety-six thousand naira only (N296,000.00) being the current market price for the 80 pieces of 12.5kg cylinder at N3,700.00 per 12.5kg cylinder.” Before the date fixed for the hearing of the substantive suit, the respondent filed a motion on notice dated 5/11/99 for an order dismissing the suit on the grounds that it was statute-barred by virtue of Section 18 of the Kaduna State …