A Lagos State High Court sitting in Ikeja has delivered a judgement in favour of the 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.
A statement signed by the Director of Public Affairs, Ministry of Justice, Mrs. Grace Alo, said the claimant had filed a suit at the Court that his grandfather, Mr. Ayodele Diyan (deceased) was granted a 99 years lease over the subject land by the 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 property.
She explained that the defence of Lagos State Government was that the houses (duplexes) serving as staff quarters belong to her having built them, contending further that the claimant’s case is also statute-barred having commenced on the 6th of September, 2012, more than 12 years after the cause of action arose.
“Section 16 (2) of the Limitation Law, Laws of Lagos State, 2015 states that: 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 12 years from the date on which the right of action accrued to some person other than the State authority, whichever period first expires”, the Director noted.
Alo submitted that, 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 case.