It was found that the appellant was disabled having been detained up to 1990, and that the cause of action arose in 1993, after the respondent had failed to deliver his goods. Further, it was found that the appellant from that period of 06 January 1993 was not under disability so as to extend the period within which he should have filed the action.
Therefore, it was found that the trail judge erred not in holding that the suit was filed out of time. Thus, this appeal failed, and was accordingly dismissed with costs to the respondent.