JOHN EBOIGBE V. THE NIGERIAN NATIONAL PETROLEUM CORPORATION.

ADIO, JSC (Delivering the Leading Judgment): The appellant, in the High Court of the defunct Bendel State of Nigeria, Abudu Judicial Division, instituted legal proceedings against the respondent. The writ was filed on the 13th June, 1985 and the appellant's claim was for N200,000 being special and general damages for the destruction, by the respondent, of the economic crops of the appellant at Uvbenise, Orhionmwon Local Government area of Bendel State. Pleadings were duly filed and exchanged by the parties. The respondent then filed an application for an order dismissing the appellant's claim on the ground that the appellant's action was statute-barred under the following Laws:-

(a) section 11 (1) and (2) of the Nigerian National Petroleum Corporation Act, No.33 of 1977; and

(b) Section 4 (1) (a) of the Limitation Law, Cap. 89 of the Laws of Bendel State of Nigeria, 1976.

The preliminary objection was set down for hearing. It was duly heard and, in his ruling, the learned trial Judg…