KOLAWOLE
V.
ALBERTO

(1989) JELR 42909 (SC)

Supreme Court 3 Feb 1989 Nigeria
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- The appellant sought to renew a Writ of Summons that had expired. - The appellant filed the Writ in 1981 but it remained unserved for several months. - The appellant made several motions to amend the order for service, but the Writ ultima

Case Details

Suit Number:SC.165/1986
Judges:PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Chief A. Odofin (with Mrs. A. Delano and Miss. M. Ovie Whiskey) For Appellant Not served and not represented For Respondent
Other Citations:Kolawole v. Alberto (1989) 1 NWLR (Pt.98) 382 (1989) All N.L.R 137 Kolawole v. Alberto (1989) 2 S.C. (Pt 11) 1

CRAIG, JSC (Delivering The Leading Judgment): There is no Respondent on this appeal and this is because the appeal emanated from an ex-parte Motion in which the appellant had prayed the High Court, Lagos State for an order to:

1. Extend the time for the renewal of the Writ of Summons

and

2. Renew the said Writ for a period of six months.

The Writ itself was taken out on 14th January, 1981 in respect of a cause of action which arose on 15th November, 1976.

Under the ordinary Statute of Limitation, the action would have become statute-barred in another ten months i.e. on 14th November, 1981, but by virtue of section 9 of the Limitation Law, Cap. 70 of the Laws of Lagos State, which stipulate three years for such suits, the action had become statute barred as at the time when the Writ was filed.

However, the Writ remained unserved for several months thereafter, and it was at this point that the appellant began to run into legal problems. First, upon the appellant's motion, the High Court…

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