Land Law: Limitation in Specific Performance Actions

Limitation Period: An action to recover land, including specific performance of a sale agreement, has a limitation period of 12 years.
Accrual of Cause of Action: Time begins to run from the date of infringement or threat of infringement of the plaintiff's right under the agreement.
Breach of Contract: A cause of action on a contract accrues on the date of the breach.
Definition of Cause of Action: A cause of action includes every fact that the plaintiff must prove to obtain judgment.
Application of Limitation Law: The law of limitation is that in force on the date the action is instituted, not when the cause of action arises.

Nasri v Mesah:
- Specific performance sought for a land sale agreement from 1947; action commenced in 1967.
- The action is essentially to recover land, thus subject to a 12-year limitation.
- Time runs from the infringement or threat of infringement of the appellant's right under the agreement.
Ponnusamy & Anor v Nathu Ram:
- Action to recover land has a 12-year limitation period.
Ng Moh v Tan Bok Kim & Anor:
- Time begins to run when there is an infringement of the appellant's right under the sale agreement.
Bolo v Koklan & Ors:
- There can be no right to sue until there is an accrual of the right asserted and its infringement or threat of infringement.

Moratorium Effect: The moratorium period is excluded when computing the limitation period.
Threat of Infringement: Limitation begins upon a clear and unequivocal threat to the plaintiff's right to the land transfer.
Refusal to Transfer: The absence of a clear refusal to transfer the land may affect when the limitation period starts.
Legal Precedent: Precedents indicate that actions effectively seeking land through court judgments are considered actions to recover land.