[2007]DLCA6782 • June 8, 2007 • Court of Appeal
YAKUBU BRAIMAH AND JIBRIEL BRAIMAH vs. SHELL [GH] LTD. & 7 ORS
The appellants, Yakubu Braimah and Jibril Braimah, brought an action against Shell Ghana Limited and seven others. During the trial, an issue of abandonment of land in dispute was raised by the trial judge despite estoppel by conduct not being pleaded or evidenced by the plaintiffs. The respondents filed a motion on notice to dismiss the writ of summons on grounds of limitation, which was ruled upon by the trial judge before the filing of Summons for Directions and without the Limitation Decree being pleaded by the respondents.
read moreASARE KORANG, JA Section 10(1) & (2) of the Limitation Decree 1972 (NRCD 54) states: "(1) A person shall not bring an action to recover a land after the expiration of twelve years from which the right of action accrued to the person bringing it or, if it first accrued to a person through whom the first mentioned claims to that person. (2) A right of action to recover land does not accrue unless the land is in the possession of a person in whose favour the period of limitation can run." It is also provided in Section 22 (1) & (2) of the said Decree as follows: "(1) Where, in an action for which a period of limitation is fixed by this act (a) the action is based on the fraud of the defendant or the agent of the defendant or of a person through whom the defendant or the agent claims, or (b) the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the plaintiff has discovered the fraud or mistake, or could with reasona...