A non-party brought a motion seeking compensation for property management services provided to a property owned by the deceased and the respondents.
The Estate objected on the preliminary grounds that the non-party lacked standing because he had not commenced an originating process, and that the claim was statute-barred under the Limitations Act, 2002 and the Trustee Act.
The court dismissed the preliminary objections, finding that previous court orders had established a procedure for the claim, conferring standing and effectively initiating the proceeding within the limitation periods.
The court also found that the deceased's prior refusal to pay was equivocal, meaning the limitation period had not expired.
