Limitation of Action

…………………….A…………………….

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice sitting in Ilorin in Suit No. KWS/49/2014 delivered on the 24th of March, 2015 in which the Claimant’s claim was dismissed on the ground that the case is caught by the Limitation Law of Kwara State.
The Appellant a registered Architect forwarded a proposal to the 3rd Respondent upon the instruction of the Kwara State Government, for a working drawing on the basis of Quantities in respect of the proposed Kwara State Small Scale Industrial Estate proposed for Elekoyangan. The Appellant forwarded the said proposal for industrial building design and layout to the 3rd Respondent on the 5th of February, 2004. The Appellant thereafter demanded payment for the work done through letters dated the 8th of November, 2004 with reference No. GAU/2003/73/21 and one dated the 8th of April, 2005 with reference No. GAU/2003/73/43, and the Appellant in a meeting held with the 3rd Respondent on the 25th June, 2004, engaged the Appellant to produce the prototype sketch drawing for the industrial estate for Small Scale Industries in Kwara State, vide a letter dated the 5th of July, 2004; and submitted on the 19th July, 2004. On the 27th September, 2004, Appellant was still requested to submit a detailed working drawings and Bill of Quantities based on the proposal earlier submitted, which the Appellant complied with on the 8th of November, 2004 including his bill of quantities and professional services put at N54,723,767, which was eventually reduced to N30 million naira. The Appellant thereafter continued to press for the payment of his professional fees through letters, dated the 2nd of December, 2005; 31st January, 2007; 20th November 2007; 17th January, 2008; 21st October, 2008; 20th July, 2011 and 1st of October 2014 respectively.
The Respondents having failed and or refused to pay the fees demanded by the Appellant, resulted in his approaching the lower Court, when it caused a writ of summons to be issued against the Respondents claiming the following reliefs:
i. AN ORDER for the payment of the sum of N30,000,000.00 (Thirty Million Naira Only) being the agreed professional fees due to the claimant for the design of the Proposed Kwara State Small Scale Industrial Estate Elekoyangan and the ancillary consultancy services rendered by the Claimant in line with the instruction given by the Defendants.
ii. AN ORDER for the payment of 20% interest on the agreed professional fees of the sum of N30,000,000.00 (Thirty Million Naira Only).
iii. 10% interest on the Judgment sum from the date of the Judgment until when the Judgment sum is finally liquidated.
The Respondent did not file any statement of defense, but rather, relying on the content in one of the appellant’s letters of demand, observed therein that the payment for the work done having been due since November 2004, and Appellant having commenced the action in respect thereof on the 6th of March, 2014, a period of about 10 years, submitted that the appellant’s claim ran against the stipulation of 6 years provided under the provisions of the Kwara State Limitation Law, and the Appellant’s claim if any, has been caught up by the Statute of Limitation and therefore statute barred.
The lower Court received arguments on the issue, and on the 24th of March, 2015 ruled that:
In strict fidelity to the binding authorities on the point, I hereby declare that the Case is caught by the Limitation law of Kwara State and same is statute barred. I too will return a verdict of dismissal of the Case of the Claimant and the case is hereby DISMISSED.
Seriously agitated and displeased with the decision of the lower Court, Appellant on the 16/6/15 filed a Notice of Appeal predicated upon 18 grounds of Appeal.
From the 18 grounds of Appeal raised, Appellant distilled two issues for resolution, which are as follows:
1. The trial Judge was wrong when His lordship entertained and/or considered the Notice of Preliminary Objection filed by the Respondents to the effect that the case of the Appellant is statute barred, when the Respondents did not file their statement of defense let alone plead the relevant statute of limitation as required by the relevant provision of Kwara State High Court Civil (Procedure) Rules 2004. (Grounds 1 and 2).
2. Whether the trial Judge was right when His Lordship held that the case of the Appellant is caught by the Limitation Law of Kwara State and dismissed it, when the case of the Appellant is for payment of