NSITF Contribution – Recovery of Debt
Evidence: Admissibility of Certificate of Indebtedness
– Section 91(3) of the Evidence Act
– Section 38 of the National Provident Fund Act
Statute-barred Debt: Statute of Limitation – Circumstances where statute barred debt can be revived.
“What I must further state as settled law is that the Law of Limitation here has not extinguished the right to the debt; the instant debt has not been extinguished but it merely bars the right to recover the debt because of lapse of specified period of time in the law of Limitation from the accrual of cause of action. However, where there is acknowledgement of debt, which must be in writing signed by the party that is liable, the right to recover the debt by action is revived and what constitutes acknowledgement in such causes is a matter of fact in each case…”
– per CHUKWUMA-ENEH, JSC