Section 10: recovery of land and adverse possession
Adverse possession must be open, visible and unchallenged so that it gives notice to the legal/paper owner that someone was asserting a claim adverse to his. And section 10 of the Limitation Act 1972 (NRCD 54) has substantially reflected the English Statutes of Limitation and the Common Law. Under the present law, the person claiming to be in possession must show either (i) discontinuance by the paper owner followed by possession or (ii) dispossession or as it was sometimes called “ouster” of the paper owner if a squatter took possession of land belonging to another and remained in possession for twelve years to the exclusion of the owner, that would represent adverse possession and accordingly, at the end of twelve years, the title of the owner would be extinguished
See Limitation Act, 1970 NRCD 54, section 4(1)(b), which provides that in the case of an action founded on simple contract, a person shall not bring an action after the expiration of six years from the date on which the cause of action accrued
Though section 6 (2) of NRCD 54 provides exemptions for equitable reliefs, in doing justice to the parties, same does not bar the application of section 5 of NRCD 54. The claim by the Plaintiff for compensation is decades out of time and the maxim, delay defeats equity is applicable in this case. The Plaintiff has been indolent and cannot be aided by this Court. We agree with the Court of Appeal that it will be contrary to public policy, to permit the Plaintiffs who have slept on their rights for decades, to wake up from their slumber with the expectation of claiming sums on a Judgment debt entered in 1957, with interest accruing from 1937.
Sections 5(2) and 30: action on a judgment, including against the Republic
Be that as it may, at the date the Plaintiffs commenced their action in 2009, the prevailing law on limitation was the LIMITATION ACT (NRCD 54). Section 5 (2) of NRCD 54, provides as follows: “(2) A person shall not bring an action on a judgment after the expiration of twelve years from the date on which the judgment became enforceable”. [48] The provisions of section 5 of NRCD 54 are applicable to proceedings against the State in the words of section 30 of NRCD 54 as follows: “30. Application of Act (1) This Act applies to proceedings by or against the Republic as if the Republic were a private individual.
