The appellant was appointed the Chun Mada of Mada in Plateau State on the recommendation of the 4th, 5th and 6th defendants; the appointment was approved by the then Military Governor of Plateau State. Pleadings having been ordered were duly filed and exchanged; all the six defendants filed a joint statement of defence. Thereafter, the 1st defendant who is now the appellant before us filed a motion praying the court of trial, that is, the High Court of Justice of Plateau State for the following orders:
-
i
An order granting leave to set aside the service of Amended Writ of Summons dated 16/10/90, Statement of Claim dated 29/10/90 and Motion on Notice dated 5/11/90 as same were personally served on the 1st defendant on Saturday 17/11/90, being a public Holiday.
-
ii
An order granting leave to strikeout the suit for lack of jurisdiction.
-
iii
An order granting leave to dismiss the suit for being statute barred.
-
iv
And for such other order or orders as this Honourable Court may deem fit to make in the circumstances."
The application was heard by Naron J. and in a ruling delivered on 19/4/91 he found:
-
1
"I am constrained to observe that the submission of Mr., Akubo that the applicable law in this part of the country on limitation of action is the 1625 English Limitation Act is not only perverse but intriguing and strange. With the coming into effect of Decree No. 88 of 1966, the Limitation Act, 1623 became dead, buried and to rise no more. However, careful perusal of the Decree reveals that it is of no application to the present action. We are therefore, left with the Plateau State Limitation Edict, 1988, sections 18, 42 and 44 of which are relevant to the instant case...
