claim for reparation for the wrong suffered may not be filed and where filed is liable to be struck out as having become statute barred. In that case, a litigant is said to have lost his right of action despite the existence of a course of action, thus depriving a Court the jurisdiction to entertain the claim. Article 9(3) of the Supplementary Protocol of this Court provides that: "Any action by or against a community institution or any member of the Community shall be statute barred after three (3) years from the date when the right of action arose." Article 9(3) of the English Version of the Supplementary Protocol of this Court has on the face of it placed a three year limitation period on all actions brought against a Member State of the Community or against the Community or any of its institutions or officials. However, the French version have not placed the same time limits on actions against member States. The French version provides as follows: “L’action en responsibilité contre la Communauté ou celle de la Communauté contre des tiers ou ses agents se prescrivent par trois (3) ans à compter de la réalisation des dommages” A literal interpretation of this sub Article reads; “Action in responsibility against the Community or action by the Community against third parties or its agents shall be considered as statute barred three years from the date the cause of action occurred”. 19

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