Jayasena v. Dayasena – sllr 2002 volume 3 page 261

In the case between the plaintiff-respondent (husband acting on behalf of his deceased wife’s mortgage bond rights) and the defendant-appellant (alleged borrower and defaulting party), the court addressed the issue of whether the plaintiff-respondent’s action to recover monies due under a mortgage bond was barred by prescription under the Prescription Ordinance due to the lapse of twelve years and one month before instituting proceedings. It was held that the action was not barred, as the rights under the mortgage bond, upon the death of the wife, had devolved on both her husband and her minor children, and the statutory provisions of the Prescription Ordinance (sections 13 and 14) suspend the running of the limitation period during such disability. The court’s reasoning reaffirmed the pri