CASE CITATION: SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 142-143
DATE OF JUDGMENT: FRIDAY, THE 16TH DAY OF FEBRUARY, 2018
COURT: SUPREME COURT
SUIT NO: SC. 417/2017
CORAM:
- MARY UKAEGO PETER-ODILI, JSC – (Presided)
- MUSA DATTIJO MUHAMMAD, JSC
- KUMAI BAYANG AKAAHS, JSC
- AMINA ADAMU AUGIE, JSC – (Delivered the Leading Judgment)
- PAUL ADAMU GALUMJE, JSC
ISSUE(S): RIGHT OF ACTION – WHEN ACCRUES – HOW DETERMINED
CASE SYNTHESIS
Every case is decided on its merits, which means that it is the circumstances of each case that determines what effect any principle of law would have on it. In the circumstances of this case, the principle that a person can only sue when he becomes aware of the wrong done to him takes on deep significance when it is considered that the Respondents’ complaint is that the wrong done to them by the Appellants amounts to injustice, betrayal, breach of trust, and fraud, etc. With such complaints, it stands to reason that their cause of action could not have arisen at the point when the fifth Appellant was incorporated without the knowledge of the Respondents, and contrary to what Parties had agreed. The court below was therefore right to hold that it accrued on the 20/7/2006, when the Respondents confirmed that it had been incorporated without them. and that Respondents were still within the ambit of the said six years’ period – (SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 142-143)
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