The respondent wife brought a summary judgment motion to dismiss the applicant husband's claim to set aside their marriage contract, arguing it was brought outside the two-year limitation period under the Limitations Act, 2002.
The court found that the claim to set aside the contract constituted a "claim" to remedy a loss and was subject to the two-year limitation period.
The husband had actual knowledge of the issues with the contract and the wife's reliance on it by October 17, 2012, making a court proceeding appropriate at that time.
The court also rejected the husband's argument regarding incapacity, finding no reliable evidence to rebut the presumption of capacity.
Consequently, the husband's claim to set aside the marriage contract was dismissed as statute-barred.
