Central Bank of Nigeria v Williams

Central Bank of Nigeria v Williams

The exception to the limitation period in s.21(1)(a) Limitation Act 1980 is not limited to actions against the trustee but extends to actions against any person, including dishonest assisters, who participated in a fraud or fraudulent breach of trust to which the trustee was party or privy. The statutory wording does not justify restricting the exception to the trustee alone.

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 Decision on Limitation Point
Outcome
Appeal dismissed
Legal Topics
Limitation Periods for Breach of Trust, Constructive Trusts, Dishonest Assistance, Interpretation of Limitation Act 1980 S.21
Equity Trusts Limitation of Actions Limitation Periods for Breach of Trust Constructive Trusts Dishonest Assistance Interpretation of Limitation Act 1980 S.21

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Central Bank of Nigeria

Defendant / Appellant

Louis Emovbira Williams

Claimant / Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Limitation Point

Legal Issues

  1. 1 Whether s.21(1)(a) Limitation Act 1980 exception to limitation applies only to actions against the trustee or also to dishonest assisters
  2. 2 Proper construction of s.21(1)(a) Limitation Act 1980

Ratio Decidendi

The exception to the limitation period in s.21(1)(a) Limitation Act 1980 is not limited to actions against the trustee but extends to actions against any person, including dishonest assisters, who participated in a fraud or fraudulent breach of trust to which the trustee was party or privy. The statutory wording does not justify restricting the exception to the trustee alone.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Central Bank of Nigeria is dismissed.