CHAPTER 6:02
LIMITATION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION

   3.   Part II to be subject to provisions of Part III relating to disability acknowledgment, fraud, etc. Actions of Contract and Tort and certain other Actions

   4.   Limitation of actions of contract and tort and certain other actions

   5.   Limitation in case of successive conversions and extinction of title of owner of converted goods.

Actions to recover Land and Rents

   6.   Limitation of actions to recover land.

   7.   Accrual of right of action in case of present interests in land

   8.   Accrual of right of action in case of future interests

   9.   Provisions in case of settled land and land held on trust

   10.   Accrual of right of action in case of forfeiture or breach of condition

   11.   Accrual of right of action in case of certain tenancies

   12.   Right of action not to accrue or continue unless there is adverse possession

   13.   Cure of defective disentailing assurance

   14.   Limitation of redemption actions

   15.   No right of action to be preserved by formal entry or continual claim

   16.   Extinction of tide after expiration of period

   17.   Limitation of action to recover rent

Actions to recover Money secured by a Mortgage or Charge or to recover Proceeds of the Sale of Land

   18.   Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land

Actions in Respect of Trust Property or the Personal Estate of Deceased Persons

   19.   Limitation of actions in respect of trust property

   20.   Limitation of actions claiming personal estate of a deceased person

PART III
EXTENSION OF LIMITATION PERIODS IN CASE OF DISABILITY, ACKNOWLEDGMENT, PART PAYMENT, FRAUD AND MISTAKE

Disability

   21.   Extension of limitation period in case of disability

Acknowledgment and Part Payment

   22.   Fresh accrual of action on acknowledgment or part payment

   23.   Normal provisions as to acknowledgments and part payments

   24.   Effect of acknowledgment or part payment on persons other than the maker or recipient

Fraud and Mistake

   25.   Postponement of limitation period in case of fraud or mistake

PART IV
GENERAL

   26.   Application of Act and other limitation laws to arbitrations

   27.   Provisions as to set-off or counterclaim

   28.   Acquiescence

   29.   Application to registered land

   30.   Application to proceedings by or against the Government

   31.   Miscellaneous savings

   32.   Saving for other limitation laws

   33.   Provisions as to actions already barred and pending suits

   34.   Transitional provisions

17 of 1967

An Act to provide for the Limitation of certain actions and Arbitrations and for matters incidental thereto and comnected therewith

[1ST APRIL 1968]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Limitation Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

   “action” includes any proceeding in a court;

   “arbitration agreement” has the meaning assigned to that expression in the Arbitration Act:

   “award” means an award of an arbitrator under the Arbitration Act or a foreign award within the meaning of the Arbitration Act;

   “land” includes corporeal hereditaments and rent charges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held on trust for sale, but save as provided in this definition does not include any incorporeal hereditament;

   “officer”, in relation to the Government, includes the President, a Minister and any servant of the Government;

   “personal estates” and “personal property” do not include chattels real;

   “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

   “rent” includes a rent charge;

   “rent charge” means any annuity or periodical sum of money charged upon or payable out of land, except interest on a mortgage of land;

   “trust”, “trustee” and “trust for sale” have the same meanings respectively as in the Trustee Act.

   (2) For the purposes of this Act, proceedings by or against the Government shall include proceedings by or against any Government department or officer of the Government as such.

   (3)(a) For the purposes of this Act, a person shall be deemed to be under a disability while he is a minor, or of unsound mind.

   (b) For the purposes of paragraph (a) but without prejudice to the generality thereof, a person shall be conclusively presumed to be of unsound mind while he is detained in pursuance of any written law authorizing the detention of persons of unsound mind or criminal lunatics.

   (4) A person shall be deemed to claim through another person, if he became entitled by, through, under or by the act of that other person to the right claimed:

   Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointer.

   (5) References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land or, in the case of rent charges, to distrain for arrears of rent, and references to the bringing of an action in respect of such a right of action shall include references to the making of such an entry or distress.

   (6) References in this Act to the possession of land shall, in the case of rent charges, be construed as references to the receipt of the rent, and references to the date of dispossession or discontinuance of possession of land shall, in the case of rent charges, be construed as references to the date of the last receipt of rent.

   (7) In Part III references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall—

   (a)   in the case of an action for an account, be construed as references to the date on which the matter arose in respect of which an account is claimed;

   (b)   in the case of an action upon a judgment, be construed as references to the date on which the judgment became enforceable;

   (c)   in the case of an action to recover arrears of rent or interest, or damages in respect thereof, be construed as references to the date on which the rent or interest became due.

PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION

3.   Part II to be subject to provisions of Part III relating to disability, acknowledgment, fraud, etc.

   This Part shall have effect subject to the provisions of Part III, which provides for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake.

   Actions of contract and tort and certain other actions

4.   Limitation of actions of contract and tort and certain other actions

   (1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action arose, that is to say—

   (a)   actions founded on contract or on tort;

   (b)   actions to enforce a recognisance;

   (c)   actions to enforce an award;

   (d)   actions to recover any sum recoverable by virtue of written law, other than a penalty or forfeiture or sum by way of penalty or forfeiture:

   Provided that, in the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under any written law or independently of any such contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, this subsection shall have effect as if for the reference to six years there were substituted a reference to three years.

   (2) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

   (3) An action shall not be brought upon any judgment after the expiration of twelve years from the date on which the judgment became enforceable, and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

   (4) An action to recover any penalty or forfeiture, or sum by way of penalty of forfeiture, recoverable by virtue of any written law shall not be brought after the expiration of two years from the date on which the cause of action accrued:

   Provided that for the purposes of this subsection the expression “penalty” shall not include a fine to which any person is liable on conviction for a criminal offence.

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