MICHEAL KOLAWOLE V. PEZZANNI ALBERTO

CRAIG, JSC (Delivering The Leading Judgment): There is no Respondent on this appeal and this is because the appeal emanated from an ex-parte Motion in which the appellant had prayed the High Court, Lagos State for an order to:

1. Extend the time for the renewal of the Writ of Summons

and

2. Renew the said Writ for a period of six months.

The Writ itself was taken out on 14th January, 1981 in respect of a cause of action which arose on 15th November, 1976.

Under the ordinary Statute of Limitation, the action would have become statute-barred in another ten months i.e. on 14th November, 1981, but by virtue of section 9 of the Limitation Law, Cap. 70 of the Laws of Lagos State, which stipulate three years for such suits, the action had become statute barred as at the time when the Writ was filed.

However, the Writ remained unserved for several months thereafter, and it was at this point that the appellant began to run into legal problems. First, upon the appellant's motion, the High Court…