The plaintiffs brought an action for damages for breach of a verbal contract regarding the extraction of aggregate from their gravel pit.
The defendants argued the claim was barred by the Limitations Act, 2002 and the doctrine of laches, asserting a 30-day payment term triggered the limitation period years prior.
The court rejected this defence, finding the agreement was for payment 'when paid,' creating a running balance.
The court granted judgment for the unpaid extractions against the corporate defendant but refused to pierce the corporate veil to hold the individual director personally liable.
A small set-off was granted for the defendants' counterclaim.
