The Plaintiffs in the present case did not file any motion to amend their
originating Application but rather responded to Defendant’s objection by merely
stating that there was a typographical error as regards the date. This Court cannot
rely on the Plaintiff response to the objection that goes to the root of the 2 nd
Plaintiffs’ case without more to amend an originating process. Moreover, the
inconsistency in the dates are too distinct to be overlooked as a mere
typographical error in that the dates and the years in issue are completely different
to say the least. Indeed the 2nd Plaintiffs’ contention of typographical error is an
afterthought and cannot stand.
Consequently, this Court is convinced that the action complained of by the 2nd
Plaintiff occurred on the 9th of January 2010 and filed on 17th September 2014.
The 2nd Plaintiff’s alleged arrest and detention was carried out on the 9th of January
2010 and thereafter she was released after several hours of detention. The said
conduct cannot be considered as a continuous violation and time begins to run the
moment she was released from police custody.
See SERAP V. FEDERAL REPUBLIC OF NIGERIA ECW/CCJ/JUD/18/12,
UNREPORTED where the Court in its analysis stated that their subjection to the
statute of limitation depends on the characterization of the act as an isolated act
or a persistent and continuous omission that lasted until the date the complaint
was filed with the Court.
It is necessary to point out that the violation complained of here is a onetime act
against the 2nd plaintiff. Not being a continuing violation as to keep alive the
28