The appellant appealed the dismissal of her action for non-compliance with the Limitations Act, 2002.
She argued the respondent should be precluded from relying on the limitation period defence due to fraudulent concealment and misrepresentations intended to induce her to forebear from enforcing her rights.
The Court of Appeal dismissed the appeal, finding that fraudulent concealment was not pleaded at trial and the record did not support a conscious plan to deceive.
Furthermore, any oral acknowledgments of the debt could not revive it, as the Act requires acknowledgments to be in writing.
