CHIEF (HON.) NKWO NNABUCHI & ORS V. I.G.P. & ORS (2025) 8 NWLR (PT. 1993) 495 ON MEANING OF OBITER DICTUM An obiter is a Judge’s passing remarks which have…
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Where a suit is commenced by originating summons, the content of the affidavit in support of the summons, rather than pleadings, forms the basis of the court’s determination whether the defence of limitation of action is viable. In this case, all that the respondents’ supporting affidavit needed to provide in respect of the issue of statute-bar was the time the cause of action accrued and when the action against the appellants was commenced.
An amendment duly made takes effect from the date of the original document sought to be amended; and this applies to every successive further amendment of whichever nature and at whatever stage it is made.