BRAIMAH v. AZASIME and others
1970
COURT OF APPEAL
CORAM
- Apalloo
- Lassey
- Siriboe JJ. A
Areas of Law
- Civil Procedure
- Administrative Law
AI Generated Summary
This judgment from a Court of Appeal panel consisting of Apalloo, Lassey, and Siriboe JJ.A confronts the tension between equitable sympathies and strict statutory limits. The court describes claimants as "subjects" who suffered wrong from "arbitrary action on the part of the executive," and candidly remarks that the opposing public officer appears "entirely without merit." Despite this, the bench concludes that the action is time-barred. Invoking Lord Greene M.R.’s statement in Hilton v Sutton Steam Laundry [1945] 2 All E.R 425 at p. 429, the court underscores that limitation statutes are indifferent to the merits. Once the limitation period has expired, the defendant may insist on strict rights. With evident regret, the court denies a remedy and finds for the public officer.