GEORGE ADESOLA OGUNTADE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff in suit No. LD/277/92 and the appellant the defendant. The plaintiff had claimed "the sum of N750,000.00 from the defendant being money due and payable to the plaintiff for the wrongful conversion of its concrete mixer S/NO 300/I0R 5781 and for damage suffered by the plaintiff for loss of use of same."
The plaintiff filed the writ of summons on 8/9/92 along with its statement of claim. In reaction the defendant filed an application pursuant to Order 22 rule 4 of the High Court of Lagos State (Civil Procedure) Rules, 1972 praying for an order dismissing plaintiff's suit. The grounds for the application to dismiss the suit were set out thus:
"1. That the facts and matters relied on in support of this action occurred more than six (6) years before the issue of the writ in this case and the claim (if any, which is denied) is barred by Limitation Law Cap. 70, Laws of Lagos State, 1973.
2. Th…