Limiting the Statute of Limitation: An Agenda for Reform

Abstract

Statutes of limitations are ubiquitous. Almost every civil claim must be filed within a prescribed period of time. When the limitation period expires, the value of the claimant’s claims suddenly drops to zero. The focus of this paper is a critique of the attitude of the Nigerian courts allowing rigidity in the application of the limitation laws even in obvious instances where equity should have prevailed. It is ironical to note that limitation law, which is a product of equity to prevent defendants from being responsible to claimants over stale claims, is being used as an instrument of hardship and injustice against the claimants. The paper interrogates the rationale behind limitation laws, theories of limitation laws, and an analysis of court’s decisions in the application of the law.

Keywords: Statute of Limitation, Agenda, Reform