[Rev. 2012]
Limitation of Actions
CAP. 22
redemption, an action to redeem the land in his possession may be brought
at any time before the end of twelve years from the date of the payment or
acknowledgement.
(3) Where a right of action has accrued to recover a debt or other liquidated
pecuniary claim, or a claim to movable property of a deceased person, and
the person liable or accountable therefor acknowledges the claim or makes any
payment in respect of it, the right accrues on and not before the date of the
acknowledgement or the last payment:
Provided that a payment of a part of the rent or interest due at any time does not
extend the period for claiming the remainder then due, but a payment of interest is
treated as a payment in respect of the principal debt.
24. Formalities as to acknowledgements and part payments
(1) Every acknowledgement of the kind mentioned in section 23 of this Act must
be in writing and signed by the person making it.
(2) The acknowledgement or payment mentioned in section 23 of this Act is
one made to the person, or to an agent of the person, whose title or claim is being
acknowledged, or in respect of whose claim the payment is being made, as the
case may be, and it may be made by the agent of the person by whom it is required
by that section to be made.
25. Effect of acknowledgement or part payment on person other than maker
or recipient
(1) An acknowledgement of the title to any land or mortgaged movable property,
by any person in possession thereof, binds all other persons in possession during
the ensuing period of limitation.
(2) A payment in respect of a mortgage debt by the mortgagor or any person
in possession of the mortgaged property, so far as any right of the mortgagee to
foreclose or otherwise recover the property is concerned, binds all other persons
in possession of the mortgaged property during the ensuing period of limitation.
(3) Where two or more mortgagees are by virtue of the mortgage in possession
of the mortgaged land—
(a) an acknowledgement of the mortgagor’s title or of his equity
of redemption by one of the mortgagees binds only him and
his successors, and does not bind any other mortgagee or his
successors; and
(b) where the mortgagee by whom the acknowledgement is given is
entitled to a part of the mortgaged land and not to any ascertained part
of the mortgage debt, the mortgagor is entitled to redeem that part of
the land upon paying that part of the mortgage debt which bears the
same proportion to the whole of the debt as the value of the part of the
land bears to the value of the whole of the mortgaged land, together
with interest.
(4) Where there are two or more mortgagors, and the title or right to redemption
of one of the mortgagors is acknowledged as aforesaid, the acknowledgement is
taken to have been made to all the mortgagors.
L19 - 15
[Issue 1]
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