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…appeared for the substituted second defendant argued that at the time she was added to the plaint over three years had elapsed since the date of the accident and, therefore, the plaintiff’s claim against his client was statute…

…barred.…

…The application was supported by an affidavit sworn by the Appellant’s Advocate who deponed inter alia that the plaintiff’s action was statute barred and further stated that the plaintiff failed and / or is unable to show…

…The respondent in a written statement of defence denied its driver was in anyway to blame for the accident and, also, averred that the suit was statute barred.…

…Consequently, his suit having been filed in 1988, more than twelve months after 1986, it was statute barred. In effect his submission on that score was that leave to file suit out of time was improperly granted.…

…If follows therefore that any action, in so far as it concerns the first respondent, is statute barred and accordingly misconceived.…