Where an aggrieved person commences an action within the period prescribed by the statute and such action is subsequently struck out for one reason or the other without being heard on the merit or subjected to an outright dismissal, such action is still open to be recommenced at the instance of the Claimant and the limitation period shall not count during the pendency of the earlier suit. In order words, the computation of time during the pendency of an action shall remain frozen from the filing of the action until it is determined or abates.
EXAMPLE
You institute an action bothering on the declaration of title to land at the Federal High Court in 2006. The cause of action arose in 2004. Judgment was delivered by the Federal High Court in 2012. The aggrieved party appeals and the Court of Appeal just before delivering judgment in 2018 raises the issue of jurisdiction and rules that the Federal High Court lacked jurisdiction. 2004-2018 is 14 years which is above the 12 years limitation period in most land cases. However, the Claimant is still allowed to institute the action in the appropriate court. The “time” spent in the wrong Court will not count.
SEE, SIFAX (NIG) LTD Vs MIGFO (NIG) LTD (2016) 7 NWLR (Pt 1510) 10 (COURT OF APPEAL)
SIFAX (NIG.) LTD V. MIGFO (NIG.) LTD (2018) 9 NWLR (PT. 1623) 138 (SUPREME COURT)
