LIMITATION

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 title 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

PART 1
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…