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Limitation Law is a special Defence must be pleaded in defence


Manuel Akinshola
Joined: 4 years ago
Posts: 10
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"I must say, with all respect to learned counsel for the defendant/appellant, that all arguments by him based on the provisions of the limitation law of Oyo State do not amount to much as it was not part of the defence raised in the amended statement of defence that the plaintiff's action, or any part of it was barred under the limitation law. That defence being a special defence and available to the defendant at the time of the action must have been specifically pleaded and not having been pleaded by him, he could not now raise it even in this Court ...."
Kano Vs. Oyelakin (1993) 3 NWLR (Pt.282) 399 at page 409,
per Ogundare, JSC: