Compulaw - 1st Indigenous Digital Law Library

Brief

Reasonable cause of action
Unchallenged affidavit evidence
Tort of conversion
Interlocutory applications

Facts

The Respondent as Plaintiff in Suit No. LD/277/92 in the High Court of Lagos, sitting in Lagos, claimed from the Appellant, the sum ofN750.000.00 being money due and payable to the Respondent, for the wrongful conversion of its concrete mixer and for damages suffered by the Respondent for the loss of use of the said mixer. After the service of both the Writ of Summons and the Statement of Claim on the Appellant, who did not file a Statement of Defence, but instead, filed a motion pursuant to Order 22 Rule 4 of the High Court of Lagos State (Civil Procedure) Rules, 1972 praying for an order dismissing the said suit.

The grounds for the application, are:

1
That the facts and matters relied on in support of this action occurred more than six (6) years before the issue of the writ in this case and the claim (if any, which is denied) is barred by Limitation Law Cap.70 Laws of Lagos State 1973.
2
That the action is vexatious and constitutes an abuse of the process of the Court."

The learned trial Judge O.O. Obadina J. (as he then was) dismissed the application stating that the action disclosed a reasonable cause of action and that the Defendant/Appellant ought to have filed and raised the issue of the action having been barred by reason of the Statute of Limitation in the Statement of Defence and that the application was, for that reason, premature.

The Defendant/Appellant was not satisfied with the ruling and proceeded on appeal which was dismissed. Still dissatisfied the Defendant/Appellant appealed to the Supreme Court.

Issues

Whether the learned Justices of the Court of Appeal were right in all the...

Stephens Eng. Ltd V. S.A. Yakubu (2009) CLR 5(h) (SC)

Judgement delivered on May 22nd 2009

Brief

Facts

Issues