- January 20, 2017
- Posted by:
- Category: Case Law Blog
N. P. A. Plc v. Lotus Plastics Ltd.  19 NWLR (Pt. 959) 158 at 189 paras. F-G, per Mohammed, JSC:
You can read the full Judgment online here.
The rationale for the above principle is not far-fetched. If the Court, upon finding that an action is statute-barred, proceeds to strike same out instead of dismissing it, this automatically gives the plaintiff the right to refile the suit. Therefore, a dismissal order (which does not allow for the refiling of a suit) is the proper order which can be appealed against instead of refiling the suit. Note, when a right of action is statute-barred, there is nothing that can remedy the situation so as to enable the plaintiff litigate on it.