It
was apparent from the papers, and during submissions, that the applicant
insisted the application was properly before the court because prescription
could not attach since the applicant's claim was that she was customarily
married to the deceased, and, as such, the claim was based on customary law.
Clearly,
the applicant is seeking to apply the ...
It
was apparent from the papers, and during submissions, that the applicant
insisted the application was properly before the court because prescription
could not attach since the applicant's claim was that she was customarily
married to the deceased, and, as such, the claim was based on customary law.
Clearly,
the applicant is seeking to apply the Administration of Estates Act [Chapter
6:01], the Deceased Estate Succession Act [Chapter 6:02] which clearly points
the law the applicant seeks to apply is General Law. The Prescription Act [Chapter
8:11] would then come into play and the relief sought has prescribed. The
Prescription Act [Chapter 8:11] gives the claim prescribes after three (3)
years.
