.
hbriefs heading animation Search for cases summary on Hbriefs like hbriefs on facebook follow hbriefs on twitter

BOOK: First 2-Years as a Law Student: Experiences and Lessons - visit website

JUMP TO CONTENT

Lawan Sanda v. Kukawa Local Government & Anor (1991) - SC


place advert here


icon CASE SUMMARY OF:

Lawan Sanda v. Kukawa Local Government & Anor (1991) - SC

by PaulPipar
icon THEME(S)

Statute bar;
Breach of Contract for employment;
icon PARTIES

APPELLANT
1. Lawan Sanda

v.

RESPONDENTS
1. Kukawa local government;
2. Kaka Lawan;
icon CITATION

(1991) LPELR-SC.122/1987;
(1991) 2 NWLR (Pt.174)379;
(1991) 3 SCNJ 35;
(1991) 3 S.C 45;
icon COURT

Supreme Court
icon LEAD JUDGEMENT DELIVERED BY:

A. B. Wali, J.S.C.
icon LAWYERS WHO ADVOCATED

* FOR THE APPELLANT

* FOR THE RESPONDENT

- Mrs. L.B.J. Nggilari.
icon FACT

The Appellant sued the respondents for terminating his service as the village head of Gashagar; he claimed the termination was wrongful, and unconstitutional. And that the appointment of the 2nd respondent as the new village head was null and void.
The High Court of Maiduguri gave judgement in favour of the Appellant and held that the action was not statute barred and hence s.175 of the Local Government Law 1976 of Borno State will not apply.
The respondents appealed to the Court of Appeal, Jos division, and the Court of Appeal upheld the appeal and gave judgement in favour of the respondents. Stating that the action was statute barred.
The Appellant has herein appealed to this Court (Supreme Court).
Get that your business, idea, or work available to the public. HCB gets sufficient amount of visits daily. Utilise this golden opportunity to make your product(s) available to the public domain by advertising on this website. If you are interested in advertising on this platform, click "place my advert".

place my advert

place advert here
Go to Crowdfire


icon ISSUE(S)

Whether the Court of Appeal was right in holding that the appellant's action, having not been commenced within the period prescribed by Section 175 of the Local Government Law 1976 of Borno State, was statute barred?
icon HOLDING & RATIO DECIDENDI

[APPEAL: DISMISSED]

The Supreme Court gave judgement in favour of the respondents, hence, it upheld the decision of the Court of Appeal. It stated that the action is statute barred.

RATIO:
i. I have myself carefully read and studied the grounds of appeal filed by the appellant, I cannot find in the said grounds, where the issue of unconstitutionality of section 175 of the Local Government Law was raised. The objection raised by the learned Solicitor-General is well taken and is accordingly sustained. A party is not generally allowed to raise and canvass an issue not raised in the court below without leave first being sought and granted.
ii. The appellant was dismissed from service by the 1st respondent from 12th December, 1983, the date Exhibit A was written as it stated that the termination was with immediate effect. The time would therefore start running against the appellant the day next after Exhibit A was written and received by the appellant. The appellant's cases was commenced on 23rd October, 1984, that is ten months after the accrual of the cause of action. Even allowing for a period of 7 days for service on him of Exhibit A the action was filed well out of time by almost 5 months. Ignorance of the statutory limitation provision by the appellant and/or his counsel is no defence.
icon REFERENCED


icon SOME PROVISIONS

Section 175 of the Local Government Law of Borno State provides as follows:
"When any suit is commenced against any Local Government for any act done in pursuance or intended execution of any law or of any public duty or authority or in respect of any alleged neglect or default in the execution of any such law, duty or authority such suit shall not lie or be instituted unless it is commenced within six months after the act, neglect or default complained of, or in the cases of a continuance damage or injury within six months after the ceasing thereof."
icon RELEVANT CASES
The member(s) and administrator(s) of HCB put in energy in order to provide the cases summary they do on this online platform. We desist from charging you a fee, and we have decided to keep this online platform free and accessible for as long as we deem fit. However, in order to keep alive the impetus that makes us provide these free services, kindly make a donation, if you can.
Bank: Zenith Bank.
Name: Branham Paul Chima.
Account No.: 2178756839.


icon NOTABLE DICTA

* PROCEDURAL

A party is not generally allowed to raise and canvass an issue not raised in the court below without leave first being sought and granted. - A. B. Wali, J.S.C. Lawan Sanda v. Kukawa Local Government (1991)

* SUBSTANTIVE

In actions for breach of contract, the cause of action accrues for the plaintiff's benefit from the time the breach of the contract is committed and not when the damage is suffered. - A. B. Wali, J.S.C. Lawan Sanda v. Kukawa Local Government (1991)

It is settled that where the law prescribes a period for instituting an action, proceedings cannot be instituted after the prescribed period. - Kawu, J.S.C. Lawan Sanda v. Kukawa Local Government (1991)

And cause of action in the context simply means the factual situation which, if substantiated, entitles the plaintiff/appellant to a remedy against the defendants. - Nnaemeka-Agu, J.S.C. Lawan Sanda v. Kukawa Local Government (1991)
The end of this brief.


If this brief was aidful to you, LIKE Hbriefs on Facebook and FOLLOW Hbriefs on Twitter to get frequent Legal updates from Hbriefs.
kind_emoji


place advert here




USE THE SEARCH BOX BELOW
If the search box is not available below, it is due to network issues; in that case, reload page or check back again.
The search feature works perfect! Although the search feature might not capture very recent uploaded cases; If you did not get a particular case, we recommend entering the Case Summary categories and use your browser search/find feature, or use the request feature below.


JUMP TO TOP


REQUEST A CASE SUMMARY





ABOUT



TERMS AND CONDITONS



ADVERTISE ON HBRIEFS



FOUNDER




Humongouz Empire
© 2018 - 2021

website developed by hzztudio