judy.legal
Login Register

MR. POPOOLA ELABANJO & ANOR V. CHIEF (MRS.) GANIAT DAWODU

(2006) JELR 48741 (SC)

Supreme Court  •  SC.386/2001  •  23 Jun 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Lagos Division, delivered on 21-3-2001, allowing the appeal brought to it in this case from the ruling of the Lagos State High Court of Justice given on 15-10-1999, in which that court struck out a preliminary objection to its jurisdiction brought under section 16(2)(a) of the Limitation Law, Cap. 118, Laws of Lagos State, 1994. The Court of Appeal in its judgment allowing the appeal, set aside the ruling of the trial High Court, sustained the preliminary objection and dismissed the plaintiffs' suit as being statute barred. The appellants who were the plaintiffs at the trial High Court filed their action on 5-12-1996 against the respondent who was the defendant and claimed in their statement of claim paragraph 17 as below:

"17. Whereof the plaintiffs claim as follows:

(a) The plaintiff (sic) claim against the defendant is for possession of two and half plots of land situate, …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login