CAP. 22
Limitation of Actions
[Rev. 2012]
the person ceases to be under a disability or dies, whichever event first occurs,
notwithstanding that the prescribed period of limitation has expired:
Provided that—
(i) this section does not affect any case where the right of action first
accrues to a person who is not under a disability and through whom
the person under a disability claims;
(ii) when a right of action which has accrued to a person under a disability
accrues, on the death of that person while still under a disability, to
another person under disability, no further extension of time is allowed
by reason of the disability of the second person;
(iii) an action to recover land or to recover money secured on a mortgage
of land may not be brought by a person by virtue of this section after
the end of thirty years from the date on which the right of action
accrued to that person or to some person through whom he claims;
(iv) this section does not apply to an action to recover a penalty or
forfeiture or sum by way of penalty or forfeiture recoverable by virtue
of a written law;
(v) in actions for damages for tort—
(a) this section does not apply unless the plaintiff proves that the person
under the disability was not, at the time when the right of action
accrued to him, in the custody of his parent; and
(b) this section has effect as if the words “six years” were replaced by the
words “three years”.
B – Acknowledgement and Part Payment
23. Fresh accrual of right of action on acknowledgement or part payment
(1) Where—
(a) a right of action (including a foreclosure action) to recover land; or
(b) a right of a mortgagee of movable property to bring a foreclosure
action in respect of the property,
has accrued, and—
(i) the person in possession of the land or movable property
acknowledges the title of the person to whom the right of action has
accrued; or
(ii) in the case of a foreclosure or other action by a mortgagee, the person
in possession of the land or movable property or the person liable for
the mortgage debt makes any payment in respect thereof, whether of
principal or interest,
the right accrues on and not before the date of the acknowledgement or payment.
(2) Where a mortgagee is, by virtue of the mortgage, in possession of any
mortgaged land and either receives any sum in respect of the principal or interest
of the mortgage debt or acknowledges the titles of the mortgagor, or his equity of
[Issue 1]
L19 - 14
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