OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over a Ruling of the lower court that the matter before it, a land case, is statute barred. The matter before the lower court was commenced by a Writ of Summons. The Claimants also filed a statement of claim. However the 2nd defendant (the 2nd respondent in this appeal) found it necessary to fife a Notice of Preliminary Objection. By the Notice of Preliminary Objection, the 2nd Respondent wanted the lower court to dismiss the suit for lack of jurisdiction in that the action was statute barred by virtue of the provisions of Section 6 (2) of the Limitation Law of Ogun State, 2006.
After hearing the submissions of the learned counsel to the parties and considering the affidavit evidence before it, the trial judge delivered his Ruling on the 28th of July 2010. He upheld the preliminary objection and ruled that the right of action of the claimant (the appellant in this appeal) has been extinguished by virtue…