JOSEPH GYAMFI APPIAGYEI (SUING PER HIS LAWFUL ATTORNEY FLORENCE DODOO) vs. OSAMANPA ESTATE DEVELOPERS LTD

The preliminary legal question that this Court is called upon to resolve is whether or not the Plaintiff’s action is statute barred. The Limitation Act, 1972 (NRCD 54) is the applicable law and is based on the principle that there must be an end to litigation. The Limitation Act therefore sets time limits beyond which a party may not be permitted to bring an action for certain reliefs. By raising the defence that the instant action is statute barred under the Limitation Act, 1972 NRCD 54, an onus reversal situation is created where the persuasive burden is shifted to the Plaintiff herein to prove the contrary. In the submissions filed by counsel for Plaintiff he based the instant application on Section 4 of NRCD 54 which provides that: A person shall not bring an action after the expiration of six (6) years from the date on which the cause of action accrued, in the case of; (a) an action founded on tort other than an action to which sections 2 and 3 apply (b) an action f.....