RIGHT OF ACTION – WHEN ACCRUES – HOW DETERMINED

CASE CITATION:  SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA   LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 142-143 

DATE OF JUDGMENT: FRIDAY, THE 16TH DAY OF FEBRUARY, 2018 

COURT:       SUPREME COURT 

SUIT NO:    SC. 417/2017 

CORAM:      MARY UKAEGO PETER-ODILI, JSC – (Presided)

MUSA DATTIJO MUHAMMAD, JSC

KUMAI BAYANG AKAAHS, JSC

AMINA ADAMU AUGIE, JSC   – (Delivered the Leading Judgment)

PAUL ADAMU GALINJE, JSC

 

ISSUE(S):   RIGHT OF ACTION – WHEN ACCRUES – HOW DETERMINED

 

CASE SYNTHESIS

Every case is decided on its merits, which means that it  is the circumstances of each case that determines what effect any principle of law would have on it. In the  circumstances of this case, the principle that a person  can only sue when he becomes aware of the wrong done  to him takes on deep significance when it is considered that the Respondents’ complaint is that the wrong done  to them by the Appellants amounts to injustice, betrayal,  breach of trust, and fraud, etc.  With such complaints, it stands to reason that their  cause of action could not have arisen at the point when the fifth Appellant was incorporated without the knowledge  of the Respondents, and contrary to what Parties had  agreed. The court below was, therefore, right to hold that  it accrued on the 20/7/2006, when the Respondents  confirmed that it had been incorporated without them.  and that Respondents were still within the ambit of the said six years’ period –  (SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA   LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 142-143)click HERE to read full judgment

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