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May 11, 2020 12:48 pm
"In the case of N.P.A. Vs Lotus Plastics Ltd (Supra), the court noted that the principle in the Construzioni Generali case was that Limitation Laws such as Section 97 of the Ports Act, do not apply to cases of contract. It however held that based on the peculiar facts of the case (i.e. Lotus Plastics), the claim was founded on the statutory duties of the appellant and not breach of contract. It therefore held that to be maintainable, the 1st respondent's action ought to have been brought within the period prescribed by Section 72(1) of the Ports Decree No. 74 of 1993. In Wema Sec. Fin. Plc VS N.A.I.C. (Supra), the court held inter alia, at 138 B - G:-
‘It is now settled law that Section 2 of the Public Officers (Protection) Act and all such enactments similarly worded like it, for example, Section 26(1)(a) and (b) of the Nigerian Agricultural Insurance Act (Supra) do not apply to cases of contract...
To hold otherwise would be to negate the general principles upon which the law of contract is based.’
A host of authorities were quoted in the judgment, including the Construzioni Generali Case (Supra); Salako VS L.E.D.B. & ANR. (1953) 20 NLR 169; Osun State Govt. Vs Dalami (Nig) Ltd. (2007) 9 NWLR (PT. 1038) 66 @ 83 - 84 F - E; Ugwuanyi Vs Nicon Insurance Plc (2013) 11 NWLR (PT. 1366) 546 @ 612E - 615F."
PER K. M. O. KEKERE-EKUN, J.S.C. IN WARRI REFINING & PETROCHEMICAL CO LTD VS GECMEP NIGERIA LIMITED SUIT NO:SC. 769/2017
LEGALPEDIA ELECTRONIC CITATION:(2020) Legalpedia (SC) 11195
LEGALPEDIA ELECTRONIC CITATION:(2020) Legalpedia (SC) 11195
