Statute of Limitations

[Motolani Olayiwola]

I want to assume our previous topics must have awakened you to your civil rights, and now you remember that somebody had probably wronged you some years ago which you took for granted because you did not know your rights then. And now, having been enlightened on your civil rights, you want to take legal actions against the wrongdoer.

Please take note that under the law and in civil cases, there is a time limit within which you must institute a legal action for any wrongful conduct committed by the defendant. Each State of the Federation has a law that is called Statute of Limitations or Limitation Laws. Under this law, a time limit is set for seeking remedies in every type of civil wrongs or else you lose that right.
Each State has its own Limitation Laws with different time limits set by each, though in most cases these are usually the same. Your lawyer will of course, be able to advise you on the appropriate time limit for your legal action.

For the purpose of this discussion, however, let me adopt the Limitation Laws of Lagos State to serve as a guide for you. And here the various time limits for the most common civil wrongs are set as follows:
* Action based on negligence, nuisance, breach of duty where the action is based on personal injuries – within 3 years.
* Actions claiming damages for slander – 3 years.
* Action to recover arrears of rent – 6 years
* Civil wrongs arising from simple contracts – 6 years
* Action to recover debt – 6 years
* Action to recover money under mortgage or charge – 12 years.
* Action to recover goods illegally converted or detained by the defendant – 6 years
* Action to recover land illegally trespassed upon by another – 12 years
* Action to recover the personal estate of deceased persons – 12 years.

The list is definitely endless. And your lawyer is in the best position to advise you depending on the facts of your case.
Aside from the general rule above, please note that there are some specific provisions by some organizations and corporations established by law which stipulate individual time limits on when an action can be brought against them. For instance, Section 26 of the Federal Radio Corporation Act 1979 stipulates that any action against the Corporation must be brought within 12 months. Anything outside this time-limit becomes statute-barred.
Under some laws like the Public Officers Protection Laws, you cannot bring any action against a public officer for his wrongdoing after three months of the act. The limitation will, however, only apply where the wrongdoing was in respect of an act done in pursuance of his public duty or authority or neglect or default in his execution. This means the wrongdoing has to be done in the course of and must relate to his official duties. If it is a wrong done in his private life, the time limit prescribed by law will apply.

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