Central Bank of Nigeria v Williams [2012] EWCA Civ 415 (03 April 2012)

Central Bank of Nigeria v Williams [2012] EWCA Civ 415 (03 April 2012)

Section 21(1)(a) Limitation Act 1980 is not limited to actions against the trustee who was party or privy to the fraud or fraudulent breach of trust, but also applies to claims against dishonest assisters. Therefore, no limitation period applies to such claims, and the appeal by CBN is dismissed.

Citation
[2012] EWCA Civ 415
Parties
Defendant / Appellant: Central Bank of Nigeria; Claimant / Respondent: Louis Emovbira Williams
Jurisdiction
England and Wales
Judgment Date
03 April 2012
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation Periods for Breach of Trust, Fraudulent Breach of Trust, Dishonest Assistance, Constructive Trustees, Interpretation of Limitation Act 1980 S.21
Trusts and Equity Limitation Law Limitation Periods for Breach of Trust Fraudulent Breach of Trust Dishonest Assistance Constructive Trustees Interpretation of Limitation Act 1980 S.21

Case Brief

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Parties

Central Bank of Nigeria

Defendant / Appellant

Louis Emovbira Williams

Claimant / Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether s.21(1)(a) Limitation Act 1980 removes the limitation period for claims against dishonest assisters (non-trustees) as well as trustees in cases of fraudulent breach of trust.
  2. 2 Whether the exception to the limitation period in s.21(1)(a) is limited to actions against the trustee only, or extends to others such as dishonest assisters.

Ratio Decidendi

Section 21(1)(a) Limitation Act 1980 is not limited to actions against the trustee who was party or privy to the fraud or fraudulent breach of trust, but also applies to claims against dishonest assisters. Therefore, no limitation period applies to such claims, and the appeal by CBN is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Central Bank of Nigeria is dismissed.
  • The claim by Dr Williams is not time-barred under s.21(1)(a) Limitation Act 1980.