STATUTE OF LIMITATION AND STRIKING OUT OF CASES

The statute of limitation Act and Laws of various states have made it clear that if a particular matter is not or was not brought to court before a particular time limit, such a matter is statute barred, and can not be brought to court anymore.

However, the situation is different if the matter was instituted on time, but was struck out, necessitating reinstitution of the case in court.

The court in the case of SIFAX (NIG) LTD V. MIGFO (NIG) LTD (2015) ALL FWLR (pt.803) page 1830 at page 1901 para C-D thus;
" Where an aggrieved person commences an action within the period prescribed by 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 an action is still open to be re-commenced at the instance of the claimant and the limitation period shall not count during the pending of the earlier suit. In other words, Computation of time during the pendency of an action shall remain frozen from the filing of the action until it is determined or abates.