The plaintiffs sought a certificate of pending litigation and an interlocutory injunction concerning property purchased by their daughter after funds had earlier been loaned to assist in purchasing a different property.
The defendant brought a cross‑motion for summary judgment, arguing the claim for repayment of the loan was barred by the two‑year limitation period under the Limitations Act, 2002.
The court held the alleged acknowledgment of debt contained in family litigation financial disclosure did not revive the limitation period because it was made after expiry and was not directed to the creditors.
Claims framed in unjust enrichment and constructive trust could not circumvent the limitation period, and the plaintiffs had no equitable mortgage or proprietary interest in the property.
Summary judgment was granted dismissing the action and the plaintiffs’ motions for a certificate of pending litigation and injunctive relief were dismissed.
