The respondents brought a motion to strike a paragraph of the notice of appeal.
The appellants sought to raise a new argument on appeal that a six-year limitation period applied under the transition provisions of the Limitations Act, 2002, despite conceding a two-year limitation period before the motion judge.
The Court of Appeal allowed the motion and struck the paragraph, finding that permitting the new ground of appeal would cause prejudice to the moving party, who would have developed a different evidentiary record had the argument been raised below.
