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Case Digest

AJAYI V. ADEBIYI (2012)

Supreme Court of Nigeria

Coram
  • Walter Samuel Nkanu Onnoghen JSC (Presided)
  • Ibrahim Tanko Muhammad JSC
  • Olufunlola Oyelola Adekeye JSC (Read the Lead Judgment)
  • Nwali Sylvester Ngwuta JSC
  • Mary Ukaego Peter-Odili JSC
Parties

Appellant:

  • Dr. Tosin Ajayi

Respondents:

  • Princess (Mrs.) Olajumoke Adebiyi
  • Prince Adetoun Ojomo
  • The Military Governor of Lagos State
  • Attorney-General of Lagos State
Suit number
SC. 220/2002
Delivered on

Background

This case revolves around the appeal against the concurrent judgments from the High Court and the Court of Appeal, which dealt with the rights of a landowner following the alleged wrongful acquisition of land by the Lagos State Government. The plaintiff claimed that the acquisition was a nullity and that he was entitled to compensation and restitution for the land taken.

Issues

The primary issues addressed by the Supreme Court include:

  1. The accrual of the cause of action for the plaintiff and whether the action was statute-barred.
  2. The ability of the court to assume jurisdiction, especially in relation to the timeliness of objections raised.

Ratio Decidendi

The court emphasized that:

  1. The issue of limitation must be determined before proceeding with the merit of the case.
  2. A defendant can raise the jurisdictional issue at any stage in the proceedings.

Court Findings

The Supreme Court found that:

  1. The action was indeed statute-barred, being filed 17 years after the cause of action accrued when the land acquisition was published.
  2. Neither the Limitation Law nor the Public Officers (Protection) Law had been properly pleaded by the defendant, yet the court should have considered these issues earlier in the process.

Conclusion

The Supreme Court concluded by asserting that the trial court lacked jurisdiction to entertain the case due to the action being statute-barred. Therefore, the appeal was upheld, and the judgments of the lower courts were set aside.

Significance

This case is significant as it reiterates the importance of limitation laws and proper procedural adherence regarding the assumption of jurisdiction by courts. It highlights the critical nature of timely legal action in land acquisition disputes, particularly against government entities.



In summary, this case underscored the nature of legal processes where timely actions and adherence to statutory requirements are crucial in the adjudication process, especially in matters involving public authorities and land disputes.

Counsel:

  • C.S. Ekeocha (with him, B. U. Achumba (Mrs.)) - for the Appellant.
  • P.O. Jimoh-Lasisi, SAN (with him, C.V.C. Ihekweazu; M.B. Jimoh-Akogun and A. O. Okorie) - for the 1st and 2nd Respondents.
  • Olatunde Adejuyigbe (with him, O. Osinaike; J. I. Chindo) - for the 3rd and 4th Respondents/Cross-Appellants.