A State High Court sitting in Ikeja, recently delivered a judgement in favour of Lagos State Government over houses serving as staff quarters at Nos.43 and 45 Oladipo Bateye Street, G.R.A, Ikeja with SUIT NO. ID/727M/12, Oluwajuwonlo Oluwole vs Attorney General of Lagos State.
The Claimant in his claim stated that his grandfather, Mr. Ayodele Diyan (Deceased) was granted a 99 years lease over the subject land by Military Governor of Western Nigeria commencing on 22nd February, 1968 by virtue of a Building Lease and upon Mr. Ayodele Diyan’s death in 1968, the Defendant encroached on the properties.
The Defence of the Lagos State Government is that the houses (Duplexes) serving as Staff Quarters belong to it having built them.
The State contended that the Claimant’s case is statute barred having commenced on the 6th of September, 2012 more than 12 years the cause of action arose.
Section 16 (2) of the Limitation Law, Laws of Lagos State, 2015 was relied upon which states: if the right of action first accrued to a State authority, the action may be brought at any time before the expiration of the period during which the action could have been brought by the State authority, or of twelve (12) years from the date on which the right of action accrued to some person other than the state authority, whichever period first expires.
Consequently, upon evaluation of the evidence adduced by both parties in Court, Hon. Justice Y. G Oshoala agreed with the State Government that the Claimant’s action is statute barred having commenced more than 12 years after the cause of action arose thereby dismissing the Claimant’s case.
