LIMITATION OF ACTIONS
On a general note, there are certain principles that the court prefers that parties resolve their disputes themselves. One of such principle is because of the limitation of actions. Secondly, the court wants a party to come to the court when hurt without delay. The principle is that the court keeps company with the party who is awake to his right rather than a slothful person.
In the case of land, the party whose land is squatted on has twelve (12) years to bring an action before a court. In few States like Benue, Rivers and Bayelsa, the period has been reduced to ten (10) years to approach the court to assert title. If the land belongs to the government or any of its agencies, government has twenty (20) years to assert its right/title, thereafter, the claim becomes statute barred.
The origin of the present limitation statutes in all common law jurisdictions as they relate to land can be traced to the English Real Property Limitation Act 1833. Since 1963, limitation of action has been present in Nigeria.
The rationale behind this principle is the fact that Parliament/English law says that land should be used and not banked. When one stays on the land asserting title to it, he is not a trespasser but a squatter. If A has a land and B is squatting (not trespassing), if B enters and stays on A‟s land asserting ownership, he is not trespassing, he is squatting. Squatting may lead to ownership after twelve years because the law says lands are to be used and not banked. The squatter would be in control even where there is Certificate of Occupancy, without use, it expires at the end of twelve years.
Rationale for Limitation of Actions
The rationale for all limitation statutes is essentially the same as those for which courts formulated