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Adekoya V. F.H.A (2000) CLR 4 (CA)

Brief

  • Cause of action
  • Limitation of action
  • Right of action

Facts

By way of advertisement in one of the national dailies defendant company invited members of the public to apply for allocation of various types sizes of housing units (flats) at Festival Town, Badagry Road, Lagos. The applicants were to fill a proforma form accompanying same with a sum of N5. The allocation was to be made only to winners in a balloting exercise. The plaintiff having been interested filled the necessary form and paid the prescribed fee. She also participated 317 dated 18/7/77 the defendant/respondent made an offer of allocation to the plaintiff/appellant of flat No. II, Block 3, 4th Avenue 402 Road "C" Close, Community IA Festival Town, Badagry Road, Lagos. A formal lease agreement was executed by the parties in respect of the above mentioned identified flat on 25/ 7/77 Subsequent to that she paid a sum of N116 as deposit for rent and electricity and was issued with a receipt. But before the plaintiff/appellant took possession of the said flat the defendant informed the plaintiff that it made a mistake in offering flats at Festival Town and the plaintiff was subsequently allocated another flat situate at Nos. 25/26 Badagry Crescent. Block 45, Amuwo Odofin, Lagos vide its letter No. FHD/ES/l/I 8317 of 18/7/77 without formally withdrawing the earlier offer made of the flat situate in Festival Town or cancelling same. Aggrieved by the decision of the defendant/respondent the plaintiff/appellant instituted an action at the lower court by filing a writ on 12th October 1984. Pleadings were filed and exchanged and trial conducted. In the cause of the proceedings the defendant successfully pleaded that the action was statute barred by virtue of provisions of Section 8(1)(a) of Limitation Law. Cap 70 Laws of Lagos State and the suit was dismissed for being filed not within 6 years as stipulated by the law. Dissatisfied with the lower courts decision the plaintiff appealed to this court urging us to set aside the judgment of the lower court.

Issues

Whether the trial court was right in holding that the appellants action was...

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