Steven Appuhamy vs Dotty – sllr 2012 volume 1 page 142

In the case between STEVEN APPUHAMY (Plaintiff/Respondent) and DOTTY (Defendant/Appellant), the court addressed the validity of an action by a minor to set aside a deed executed during minority, with particular regard to the relevant limitation period (prescription) and the effect of alleged fraud. It was held that the limitation period for challenging a contract entered into by a minor does not operate to the prejudice of the minor if fraud is involved and the minor remained unaware of such fraud; the period commences only upon discovery of the fraud. The decision reaffirmed the principle that contracts executed by minors without the assistance of a guardian or court sanction are void ab initio. Reliance was placed on statutory requirements and several judicial precedents including Kirith

REF: sllr 2012 volume 1 page 142 Category: Tag:
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