Limitation Of Time

Limitation of time is the time specified by law
within which a might of action must be exercise or a claim made, failure of which a law suit or persecution cannot be brought in court.
Thus, where there is a limitation of action, a right of action must be exercise within the time limited by law. Where the right is not exercised within the time limited for it, it is statue barred. Time is usually limited for civil claims. However, in criminal law time does not run against the state, unless the law specifically limited the time for prosecution or the crime cases by reason of the death of the suspect.
Thus, limitation of law or limitation of action is a stipulation by law of the period of time, within which legal claims must be made or brought to court. A statue of limitation bars the right to remedy after expiration of time. Generally in land cases it is twelve years from the date right accrued in contracts under seal or by deed, it is twelve years statues of limitation are laws which prescribed the time within which a right must be enforced or become statue barred apart from the limitation.
Laws of the various states, there are statutes limiting the time within which action maybe brought in respect of various matters, for instance, the public officers protection Act, and its equivalent laws state.
Generally in torts, the time limited is six years from the date a statue wrong ended within the following exceptions.
1.Action for defamation whither by slander or libel must be brought within three years from the date the cause of action arose.
2.Actions for personal injuries arising from negligence nuisance or breach of duty, must be brought within three years from the time of acquiring the necessary knowledge of the facts of the injury. This postponement of the running time to the time knowledge of the injury is acquired to avoid injustice, for instance, where an industrial disease due to working conditions, progresses steathily and definitive symptoms of it are not obvious nor manifest until years after it has taken root in the body. The position is the same, where a building develops cracks years after construction due to faulty foundation or execution. However where the person was before the limitation period, it is three years from the date of death, or from the personal representatives, or by the person for whose benefit the action is brought in some instances the date which the limitation time begins to run may be postponed due to:
1. Disability such as due to infancy, insanity or death in these instances, time begins to run from the date the disability ceases.
2.Fraudulent concealment or
3. Mistake
Right of action may  also be bared by negligence or unreasonable delay in enforcing a right. This is known as leaches. This is so, because delay defeat equity and equity aids the vigilant and not the indolent.
Death: death is the end of the life of a person. It is also known as decease or demise as a general rule in torts, death does not extinguish a right of action. Right of action may therefore subsist and vest or be for the benefit of the estate of the deceased, except in defamation. A right of action for defamation dies with the plaintiff. Also, the defendant dies with the claim, unless there are joint tort reasons against whom the action for the defamation can be continued.

Chidi Enyie