In Brief
A tenant challenged an execution petition filed in 2006 to recover possession and rent arrears, arguing it was barred by limitation as the underlying Trial Court judgment was from 1981. The execution petition had been filed within 12 years of the High Court's appellate judgment (2003) but outside 12 years from the Trial Court judgment. The Supreme Court held that the doctrine of merger applies: when appellate courts affirm a Trial Court judgment, the decree of the highest appellate court becomes the sole operative decree. Consequently, the execution petition was timely when filed within 12 years of the High Court's judgment. The appeal was dismissed."
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