In Brief
The appellant, a tenant, challenged an execution petition filed in 2006 to recover possession and arrears of rent, arguing it was barred by limitation since the original trial judgment was dated 1981—more than 12 years prior. The Supreme Court held that under the doctrine of merger, when appellate courts affirm a lower court's decree, the final appellate court's decree becomes the sole operative decree. Consequently, the 12-year limitation period for executing the decree runs from the date of the High Court's judgment (2003), not the Trial Court's judgment. The execution petition was therefore within time, and the appeal was dismissed."
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