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Hon. Justice Zaynab Bashir of the Port Harcourt Judicial Division of the National Industrial Court has dismissed the suit filed by one Gift against Genesis Foods, challenging the company for alleged negligence that led to an industrial accident.
Justice Zaynab ruled that the action was statute-barred, having been filed more than twelve years after the alleged accident, contrary to Section 16 of the Limitation Law of Rivers State, which prescribes five years for actions founded on tort.
From facts, the Claimant, Ms. Gift submitted that she was employed as an Assistant Pizza Cook by Genesis Foods in December 2009 and was entitled to Personal Protective Equipment under the Staff Handbook of the company. She alleged that Genesis Foods failed to provide her with safety boots, which resulted in sustained injuries to her fingers and head, resulting in memory loss and permanent deformity.
Ms. Gift further contended that Genesis Foods failed to provide adequate medical care following the incident, instructed her to stay at home, and continued paying her salary and medical allowance until March 2020, when payments were stopped. Ms. Enya claimed the injuries were continuing and sought N150 million as compensation, alongside arrears of salary, medical allowance, and legal fees.
In defence, the defendant, Genesis Foods, denied liability and stated that Ms Gift was provided with all necessary Personal Protective Equipment, arguing that Ms Gift had abandoned her employment in 2011. However, salary payments continued until 2020 as an act of goodwill.
The counsel to the firm, Jerry Elumeze Esq maintained that the medical report relied upon by Ms. Gift was prepared twelve years after the incident and based solely on her narration, and urged the Court to dismiss the suit as statute-barred.
In opposition, counsel to Ms. Enya argued that the injuries suffered were of a continuing nature and that the limitation period had not elapsed, and that Genesis Foods failed to provide long-term medical care.
Upon a careful consideration of all the processes filed by the respective parties in this suit, Justice Zaynab Bashir reiterated that limitation laws directly affect the jurisdiction of the Court and that where an action is filed outside the prescribed period, the Court is stripped of jurisdiction to entertain it.
The Court held that the alleged negligent act occurred in January 2010, and that Ms. Gift failed to prove any continuing wrongful act by Genesis Foods. The Court ruled that the lingering effects of an injury do not amount to a continuing injury in law.
Justice Zaynab held that Ms. Gift failed to plead or prove fraud or concealment capable of activating any exception to the limitation law.
“The Claimant’s cause of action accrued on 7/1/2010 and became statute-barred on 6/1/2015. This suit, having been commenced on 22/12/2022, is therefore statute-barred by virtue of Section 16 of the Limitation Law of Rivers State. This Court consequently lacks jurisdiction to entertain the suit, and it is accordingly dismissed,” the Court held.
