Damiana Ajike V. Simon I De Souza (now deceased) & Ors (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Statute of Limitations—Absolute acknowledgment of debt or unqualified, unconditional promise to pay is necessary to take case out of Statute—Conditional promise to pay where condition not performed insufficient—Unless there is a clear acknowledgment no promise to pay will be inferred.

Facts

The Respondent wrote to the Appellant as follows :-

” I received your letter of yesterday’s date regarding the amount owing to you. I shall be glad if you await the arrival of lawyer Onibuwe when I hope he will be able to put the matter right “.

The learned Trial Judge held this was not a sufficient acknowledgment of the debt to take it out of the Statute of Limitations.

Held

Appeal dismissed and judgment of Supreme Court dismissing the claim affirmed.

The appeal must fail and the judgment of the lower Court is hereby affirmed with costs assessed at £10 10s.