CAP. 22
Limitation of Actions
[Rev. 2012]
“personal representative” has the same meaning as in the Trustee Act
(Cap. 167);
“profit” means the right to go on the land of another and take a particular
substance from that land, whether the soil or products of the soil;
“submission” has the same meaning as in the Arbitration Act, (Cap. 49);
“the Corporations” means the East African Railways Corporation, the East
African Harbours Corporation, the East African Posts and Telecommunications
Corporation and the East African Airways Corporation;
“the Government” includes the Corporations;
“tort” includes devastavit;
“trust” and “trust for sale” have the same meaning as in the Trustee Act
(Cap. 167);
“trustee” has the same meaning as in the Trustee Act, and includes a trust
corporation as defined in that Act.
(2) For the purposes of this Act—
(a) proceedings by or against the Government includes proceedings by
or against any Government department or public officer as such;
(b) a person is under a disability while he is a minor or of unsound mind;
and, without prejudice to the generality of the foregoing, a person is
conclusively presumed to be of unsound mind while he is detained in
pursuance of some written law authorizing the detention of persons
of unsound mind or criminal lunatics;
(c) a person claims through another person, if he became entitled by,
through, under or by act of that other person to the right claimed:
Provided that a person becoming entitled to an estate or interest by virtue of a
special power of appointment is not taken to claim through the appointor.
(3) References in this Act to a right of action to recover land include references
to a right to enter into possession of the land, and references to the bringing of
an action in respect of such a right of action include references to the making of
such an entry.
(4) In Part III, references to a right of action 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 movable estate of a deceased person; and references to the date
of the accrual of a right of action are—
(a) in the case of an action for an account, 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, references to the date on
which the judgment was delivered;
(c) in the case of an action to recover arrears of rent or interest, or
damages in respect thereof, references to the date on which the rent
or interest became due.
[Issue 1]
L19 - 6