Respondent sued appellants claiming special damages for trespass allegedly committed by the appellants on his farm on 15th May, 1991.

Before the commencement of the suit, appellants filed a preliminary objection to the respondent's suit asking the court to dismiss the action on the ground that it was statute-barred. Respondent contended that the trespass was a "continuing " one and as such the action was competent.

The trial court struck out the preliminary objection.

Dissatisfied with the decision of the trial court the appellants appealed to the Court of Appeal.