IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE AKURE JUDICIAL DIVISION

HOLDEN AT AKURE

BEFORE HIS LORDSHIP: HON. JUSTICE A.N.  UBAKA

DATE: 26TH MAY, 2014                                                                         SUIT NO: NICN/IB/11/2012

BETWEEN:

1. C.O OLUWASUYI …………………. CLAIMANT

AND

ADEKUNLE AJASIN UNIVERSITY,

AKUNGBA – AKOKO & ANOR                                                                   …………………… DEFENDANTS

REPRESENTATION

DAYO AKINLAJA SAN WITH G.U ANONDE & J.A DARAMOLA ESQ – FOR THE CLAIMANT.

HUSSEIN AFOLABI ESQ, – FOR THE DEFENDANTS.

ISSUE:

CAUSE OF ACTION: What determines when a cause of action arise

PRINCIPLE:

Having reviewed the circumstances of the case as well as the position of the law, the formula for determining the date on which a cause of action arises has been clearly resolved by the superior courts. This is that the limitation of action begins to count from the date of the accruals of the cause of action. Thus, the period of limitation cannot be said to start only from the date the claimant is served with the letters of dismissal. See the case of Comptroller­-General of Prisons & Ors V Ikponmwosa Idehen LPELR CA/8/B/104/2007 where the court of Appeal held that “in this case, the respondent is not contesting the fact that his letter of dismissal is dated 1st September, 1977 and that he filed the action at the lower court on 11 December, 1997, rather, his case is that time began to run when he was served with the said letter on 29^th September, 1997”

Again the Respondent’s contention will not hold up, and this is thanks to the decision of the Supreme Court in Ebongbe V.NNPC (1994) 5 NWLR (pt.347) 649 cited by the appellant wherein Onu JSC held “The statute of  limitation as with other statutes begins to run the moment a cause of action accrues not when it is discovered..”

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