The applicant, Miguel Angel Delgado Sanchez, brought an application seeking a declaration of interest in the former matrimonial home, nullification of a 2003 title transfer to the respondent, Nora Belen Tello-Sotomarino, and other relief, alleging concealed fraud.
The respondent brought a summary judgment motion to dismiss these claims as statute-barred under the Limitations Act, 2002, and the Real Property Limitation Act.
The court found no genuine issue requiring a trial, noting the applicant's inconsistent evidence regarding the alleged fraud and his admission that his signature on the transfer documents was genuine.
The court concluded there was no factual foundation for concealed fraud to trigger an extension of the limitation period.
The applicant's claims were dismissed as statute-barred.
