Land disputes are among the most common cases in Nigerian courts. However, many people, are surprised to learn that you can lose your right to sue over land simply because you waited too long. This is where the statute of limitation becomes critical.

This article explains, in simple terms, what the statute of limitation means in land matters in Nigeria, how it operates, applicable time limits, and what Nigerian courts have said on the issue.

What Is Statute of Limitation?

The statute of limitation refers to laws that set a time limit within which a legal action must be commenced. Once this period expires, the claimant loses the right to bring the action, no matter how genuine the claim may be. In land matters, this means that a landowner who sleeps on their rights may permanently lose the opportunity to recover the land through the courts.

The Court has consistently held that limitation laws are meant to:

• Protect the opposing party (defendant) from injustice of having to face a stale claim
• Encourage diligence
• Protect defendants from endless litigation. See Amede v.UBA (2008) 8 NWLR (Pt. 1080) 623 at 655; Ibeto Cement Co. Ltd v. A.G.F. (2008) 1 NWLR (Pt. 1069) 470

Limitation periods are governed by state laws, not a single federal law. Examples include: Limitation Law of Lagos State, Limitation Law of Oyo State, Limitation Law of Rivers State and Public Officers Protection Laws (where applicable). However, despite the differences, the principles applied by courts are largely uniform.

Limitation Period for Land Matters in Nigeria

In most states in Nigeria, actions for recovery of land must be commenced within 12 years from the date the cause of action arose. For example, Section 16 of the Limitation Law of Lagos State provides that:

“No action shall be brought to recover land after the expiration of 12 years from the date the right of action accrued”.

This 12-year period usually applies to trespass to land, recovery of possession, declaration of title where possession is in issue

When Does Time Begin to Run?

Time begins to run from the moment the claimant is dispossessed or discontinued from possession of the land. The Supreme Court clarified this in Adelakun v. Oruku (2006) 11 NWLR (Pt. 992) 625, where the court held inter alia that:

“Time starts running once there is adverse possession against the owner.

Similarly, the Court of Appeal stated in the case of J. K.K. Ltd v. Governor of Lagos State (2014) 5 NWLR (Pt. 1399) 151 that:

Time starts to run from the date on which the right of action accrues or where the right of action is concealed, from the time the owner discovers the truth or could have done so with reasonable diligence. Decidedly, cause of action arises as soon as a combination of circumstances giving rise to the right to file a claim in court for a remedy accrues or happens and that it is the act on the part of the defendant which give a plaintiff a right to complain.[University of Ilorin v. Adeniran (2007) 6 NWLR (Pt.1031) 498 referred to. ] (P. 170, paras. A-C)

In simple terms, if someone enters your land without permission and remains there openly and continuously, time starts counting against you from the moment of the trespass

Effect of Statute of Limitation on Land Claims

Once the limitation period expires, the claimant’s right of action becomes statute-barred, the court lacks jurisdictionto entertain the case and consequently, the action will be dismissed, regardless of its merit. In Egbe v. Adefarasin (1987) 1 NWLR (Pt. 47) 1, the Supreme Court held that:  

“Where an action is statute-barred, the plaintiff loses the right to enforce the cause of action”.

Does Limitation Law Extinguish Ownership of Land?

This is a common question. The position of Nigerian courts is that limitation law does not merely bar the remedy; it can extinguish the title of the original owner where adverse possession has lasted for the statutory period. In Oshodi v. Balogun (1936) 4 WACA 1, the court recognised that long possession ripening over time can defeat the title of the original owner.

Thus, a landowner who fails to act within the limitation period may lose both the right to sue and effective ownership.

Exceptions to Statute of Limitation in Land Matters

There are important exceptions where limitation may not apply or may be suspended:

1. Fraud

Where land was acquired by concealed fraud, time begins to run only from the date the fraud was discovered. In Akibu v. Azeez (2003) 5 NWLR (Pt. 814) 643, the court held that limitation laws do not protect fraud.

2. Family Land

In family land matters, possession by one family member is presumed to be possession on behalf of the family, unless there is clear evidence of adverse possession.

This principle was upheld in Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745.

3. Disability (Infancy or Mental Incapacity)

Where the claimant was under disability (such as being a minor), time may not begin to run until the disability ceases.

4. Public Officers Protection

Where a land matter involves a public officer acting in official capacity, the Public Officers Protection Law may impose a shorter limitation period (usually 3 months), except where the act was outside official duty, there is bad faith or abuse of office

How Courts Determine Whether a Land Action Is Statute-Barred

Courts rely strictly on the writ of summons, the statement of claim. No evidence is required at that stage. In Aremo II v. Adekanye (2004) 13 NWLR (Pt. 891) 572, the Supreme Court held that to determine limitation, the court must examine:

• The date the cause of action arose
• The date the action was filed
• The applicable limitation law

Conclusion

The statute of limitation in land matters is a powerful legal weapon that can defeat even the strongest land claims. Nigerian courts strictly enforce limitation laws, and once a claim is statute-barred, no amount of evidence can revive it. Landowners must act promptly to protect their interests, while occupiers may, over time, acquire strong legal protection through long possession.

Contributors

Lead Partner, EKO SOLICITORS & ADVOCATES

Counsel, EKO SOLICITORS & ADVOCATES