CLEARSPACE LIMITED V. FRANCIS SONNE

RULING

FACTS AND BACKGROUND TO THE APPLICATION 

This Ruling is in respect of an Application brought by the  Defendant/Applicant, by a Motion on Notice filed on 27th May 2025,  pursuant to Order 11 Rule 18(1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and Section 4 of the Limitation Act, 1972  (NRCD 54), seeking an order striking out the Plaintiff/Respondent’s Writ  of Summons and Statement of Claim and dismissing the suit in its entirety  on the grounds that the action is statute-barred and discloses no  reasonable cause of action. 

Case of the Defendant/Applicant 

The application is supported by an affidavit together with exhibits attached  thereto. The Applicant’s case, briefly stated, is that the  Plaintiff/Respondent’s claim is founded on alleged defamatory acts said to  have occurred in November 2018 and February 2019, and that having  been commenced on 5th March 2025, the action was brought outside the  six-year limitation period prescribed by law for actions founded …