[1] This appeal has a chequered history. It relates to the recovery of a debt arising from the grant of a loan facility to one Nik Ab Rahman bin Nik Mat, now deceased as early as 1981. There was default in the repayment of the loan and enforcement of the charge over landed property, namely a house, comprising security for the loan was initiated in 1987. The primary issues in this appeal relate to limitation and the construction to be afforded to s 21(1) and (5) of the Limitation Act 1953 , in the context of s 256 of the National Land Code. When does a cause of action accrue for the purposes of s 21(1) of the in relation to the recovery of land by the enforcement of a charge? Is it when the debt first became due and payable or does such right arise upon compliance with the provisions of s 256 of the National Land Code upon issuance of the Form 16D?

[2] In determining this issue, we are guided by the decision of this court in Sivadevi Sivalingam v. CIMB Bank Berhad , [2018] 5 MLJ 82 .

Factual Matrix

[3] On 20 April 1981, Bank Bumiputra Malaysia Berhad ('BBMB') offered a fixed loan facility of RM130,000.00 to one Nik Ab Rahman bin Nik Mat, now deceased ('the deceased'). The decease