JUDGMENT

Richard Malanjum J:

Introduction

The matter before me for ruling is a preliminary issue between the plaintiff and the 3rd defendant. Simply put the 3rd defendant is contending that the action of the plaintiff is statute-barred. The plaintiff thinks otherwise. This ruling is therefore requested by the parties before the trial proper of the action begins.

There are three other defendants in this action. However only the 3rd defendant is raising the defence of limitation. As for the 1st defendant no appearance has been entered and a certificate to that effect has been duly issued.

The Claim Of The Plaintiff

The plaintiff is seeking for several reliefs, namely:

(a) A declaration that the transfer of the said Lands to the 1st Defendant and all subsequent dealings, transfers including registration to the 2nd and 3rd Defendants be declared null and void.

(b) That the issue document of title be delivered up to the 4th defendant and that the registrar of title be rectified and that the name of the Plaintiff be endorsed on the Register Book and the Issue Document of Title.

(c) A declaration that the Plaintiff is entitled to the recovery of possession of the said Lands as against the 1st, 2nd