CaseLaw
Raleigh Ind. (Nig.) Ltd. V. Nwaiwu (1994) CLR 6(E) (CA)
Brief
Facts
The respondent, as plaintiff at the Kano State High Court, filed an action against the appellant, as defendant, claiming the sum of N18,411.05 as arrears of salary. In the particulars of claim on the writ, the respondent stated:-
The action was brought in 1991.
The appellant entered a conditional appearance and later brought an application urging the Court to dismiss the action on the ground that the action was statute-barred, having been commenced more than six years after the cause of action arose contrary to the Limitation Decree No.88 of 1966. The respondent filed a counter affidavit and explained that between 1982 and 1984 he travelled to South America and that the appellant did not want the matter settled amicably. The learned trial Judge upon hearing arguments on the application ruled that he was satisfied that the suit was not statute barred and that it could proceed to hearing.
Dissatisfied with the ruling, the appellant appealed to the Court of Appeal.