Appeal dismissed as claim to estate based on alleged promises held to be time-barred

The Court of Appeal dismissed an appeal from the High Court, upholding the decision that a defendant’s counterclaim to a possession action regarding agricultural lands was time-barred. The defendant argued entitlement to the lands based on promises and alleged a remedial constructive or resulting trust, but had failed to initiate proceedings within two years of the death of the deceased landowner, as required. The Court held that all such claims—regardless of whether framed as estoppel, trust, or unjust enrichment—arose from acts or omissions of the deceased during his lifetime and thus were subject to a strict two-year limitation period. The defendant’s additional arguments for extension based on mental health, disability, or deceit were rejected, with the Court emphasising the need for certainty in the administration of estates and affirming the statutory policy underpinning the limitation period. As a result, the decision of the High Court was affirmed, barring the counterclaim, and costs were provisionally awarded to the plaintiff/respondent.