JUDGMENT OF THE COURT
This is an appeal by the unsuccessful plaintiff whose suit by way of an originating summons was dismissed by the superior court (Kuloba, J.) by his ruling delivered on March 4, 1993 on a so called preliminary point of law that the suit was time barred.
By her originating summons the plaintiff claimed a declaration that she had become entitled by adverse possession to 5 acres out of a parcel of land ABOTHUGUCHA/GITHONGO/494. Without any evidence or finding as to when the possession by the plaintiff became adverse to that of the defendant or when the suit became barred by limitation, the judge dismissed the plaintiff's suit.
We have carefully considered the appellant's complaint and find that the complaint is fully justified. The issue before court clearly required a full hearing and we reiterate that the practice of raising points, which should be argued in the normal manner, by way of preliminary objection does nothing but unnecessarily increase costs and, on occasi…