Effects of Statute of limitation on an Action

Effects of Statute of limitation on an Action

INTRODUCTION

The above suit is between the host communities of Shell Petroleum Development Company of Nigeria and the issue of compensation for environmental degradation and ecological damage suffered by the communities as a result of the activities of the company in carrying out its exploration and exploitation activities.

In this suit, a representative action was brought by a group of persons on behalf of the host communities claiming damages for oil spillages that occurred from the defendants facilities located within the claimants environment, and which has caused the claimant some level of hardship, as their means of livelihood had been adversely affected.

The claimant, by way of a writ of summons was praying the court for an award of damages in their favour as compensation for loses suffered. The defendant in their defence raised several issues, including but not limited to the following;

Defence Argument:

1.        That the proceedings were statute barred- S16, Rivers State Limitation Edict 1988 (5 years limitation Period)

2.        Proceedings were time barred- S12(1) NNPC Act. – (twelve months next after the act.)

3.        Proceedings were competent (pre- action protocol) – for statutory establishment. One month written notice of intention to commence action against the body should be served, state clearly and explicitly, the cause of action, particulars of claim and reliefs claimed.

4.        Doctoring of estoppels – res “judicata”. – Same parties, same issues and subject matter, final judgment, competent court.

5.        Public Officers protection Act - S2 (a) – action must be commenced within three months next after the act, neglect or default complained of.

Consequently, the parties filed their respective submissions alleging the following:

Plaintiff Argument

1.        a.)       The plaintiff argues that the suit is not ‘res judicata’ as the extensive damage to the ecology of the plaintiff/respondents community continues to accrue daily on a continuing basis, as no remedial activities have been made to decontaminate the pollutants or recharge the de-polluted marine life.

b.)       That the continued failure of the defendants to remediate the effects of the oil spills in the plaintiffs/respondents’ community in each successive year, in itself, gives rise to a fresh cause of action each year.

2.        The Plaintiffs/Respondents had filed a ‘PRE-ACTION NOTICE’ by a letter dated 25/10/2005, gave the statutory Notice in writing to the 2^nd defendant as required, and thereby complying with the requirement of pre-action notice for statutory bodies.

3.        The plaintiff denies that the suit is “res judicata”, and argues that the plaintiffs are not members of the group, Ijaw Aboringines of Bayelsa state.

4          The plaintiff denies every other averment made by the defendant.

Effects of the statute of limitation to an action that is statute barred

The term “statute of limitations” means that there is a specific time frame in Nigeria in which an individual is permitted to initiate legal action against another person or entity. It is important to file suit within the designated time period because once the statute of limitations expires, it is nearly impossible to initiate legal action, no matter how much merit your lawsuit may have. Once the statute of limitations expires, so does your legal right to sue. If the statute of limitations expires and you have not yet filed a lawsuit, you will lose your right to money damages and other relief. The reason that each state has a statute of limitations governing certain heads of claim like the one complained of in the instant case is to encourage injured parties to evaluate their claims and take action or file a lawsuit within a certain period of time. The sooner a lawsuit is initiated after the perceived wrongdoing, the more likely it is that memories and documents pertinent to that lawsuit remain intact and are not destroyed by the passage of time.

The statute of limitations in Nigeria’s Niger Delta region including Bayelsa state by virtue of section 16 of Rivers State limitation law 1988 for injuries resulting from oil exploration and exploitation is five years. The easiest way to think of the statute of limitations is like a big clock counting down the years and days in which you have to file a lawsuit. Generally, the five-year statute of limitations “clock” begins to count down from the exact date the injury occurred. For example, the statute of limitations would begin to run on the day spill occurred or it was reported. Unfortunately, the day of a patient’s death may also mark the beginning of the countdown of the statute of limitations clock. In most cases, it is fairly easy to determine the exact date of injury, and the injured party has five years from that date to file a lawsuit, if that is the course of action he/she chooses.

In other situations, however, the date of injury may not always be so obvious. For those difficult instances where a an injured party discovers the injury against him after the usual five-year time period has passed, that person may still be able to file a negligence lawsuit thanks to a legal rule called the “discovery rule.” The discovery rule says that in certain instances, the statute of limitations clock does not begin to run until the patient actually “discovers” that wrongdoing has occurred. The discovery rule most often takes effect in cases where there is a delayed diagnosis of some type of recurring ecological damage. Most individuals who believe they have been harmed by the negligence of a negligent tort feasor do not possess the necessary legal knowledge needed to know when they should file a lawsuit. That is the job of a qualified attorney. The most important thing you as a concerned victim can do is contact an attorney or attorney referral service at the first moment you think you have been harmed a substance introduced to your surrounding by someone else. Time is certainly of the essence when it comes to protecting your legal right to sue another person or entity, and it is important to be aware of this five-year deadline.