LIMITATIONS LAW- A Clog in the Wheel of Justice?
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Provisions in the various limitation statutes within the federation state the periods within which certain claims must be brought to court, failing which those claims would be statute-barred (i.e., no competent court would have jurisdiction to entertain those claims). Judicial pronouncements as to the rationale behind limitation laws abound; one of such pronouncements is the dictum of his Lordship, Katsina-Alu JCA (as he then was) in the case of P.N. Uddoh Trading Co. Ltd. v. Abere (1996) 8 NWLR (pt 467) p. 469. Where the learned Law Lord said: “one of the principles of the statute of limitation is that a person who sleeps on his right should not be assisted by the courts in an action for the recovery of his property. Equity aids the vigilant and not the indolent
No doubt, the limitation laws have their pros and cons. Ultimately, Judges in reaching decisions based on limitation laws should weigh each case on the scale of Justice based on their peculiarities and to ensure that Justice is done and manifestly shown to have been done. Doing justice is not always to follow the law as it is written hook, line and sinker. Some exercise of discretion should be employed.
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