The plaintiff, Adam Provis, brought a motion to validate service of his statement of claim and extend the time for service nunc pro tunc to October 27, 2023, and to strike the defendants' limitation period defence.
The case arose from a failed real estate transaction where the defendants, Ramadhani Makele and Tantine Mkombozi, were the intended purchasers who failed to close.
The defendants opposed the motion, arguing prejudice due to the delay in service and that their limitation defence should be determined at trial.
The court granted the plaintiff's motion, finding that the plaintiff made reasonable efforts to serve, the delay was short, and the defendants failed to demonstrate prejudice caused by the delay.
The court also struck the limitation defence, confirming that the claim was commenced within the two-year limitation period by issuance of the statement of claim.
