On the 31st January, 1989, the Court heard this appeal. After reading the Briefs of Argument filed by the parties and hearing learned counsel for the appellants elaborate some of the points agitated in his Brief, I formed the impression that there was no substance in the appeal. The appeal was accordingly dismissed. The Court did not even call upon Mr. Ezugha - learned counsel for the respondents. Reasons for judgment were then adjourned to today the 28th day of April, 1989. Hereunder are my reasons.

This is yet another classic example of one of those expensive luxuries in civil litigation which leaves the central issue in dispute untouched while concentrating on peripheral skirmishes. The present respondents were plaintiffs in the court of first instance. They sued the defendants in the Lagos High Court before Fafiade, J., claiming damages for negligence. The present appellants who were the defendants in the original action then took an objection to the plaintiffs' action alleging that same was statute-barred - that it was brought after the statutory period of 3 years allowed and prescribed for such actions by the Lagos State Limitation Law. Fafiade, J. held that the plaintiffs' action was not statute-barred.

The defendants then appealed to the Court of Appeal, Lagos Division, coram Ademola, Babalakin and Awogu, JJCA. In a lead judgment to which the other Justices concurred, Awogu, C J.C.A. allowed the defendants' appeal holding that the plaintiffs' writ was filed on 2/3/83 when the receipt for the fees was issued and not on 1/3/83 when the plaintiffs handed over their summons and fees to the Registrar. The Court of Appeal then held that the plaintiffs were one day out and were thus caught by the Statute of limitation. Awogu, J .C.A. ruled and held:

"It is obvious then that if the accident occurred on 1/3/80 the computation of the 3 years will be from 2/3/80 and will therefore expire on 1/3/83. As at that date the Respondents have not paid for the Writ of Summons. They did so on 2/3/83.

Accordingly, the claim was statute-barred as of that date. It was a day too late. The appeal is allowed and the Ruling of Fafiade, J. delivered on January 15th, 1986 is hereby set aside and in its place it is hereby ordered that the claim be dismissed because it is statute-barred."

The plaintiffs, from the judgment of the Court of Appeal above, thus lost their case in limine and were understandably dissatisfied and aggrieved. They then appealed against the judgment of the Court of Appeal dismissing their claim.