[Rev. 2012]
Limitation of Actions
CAP. 22
arbitrator or to concur in the appointment of an arbitrator or, where the submission
provides that the reference shall be to a person named or designated in the
submission, requiring him to submit the dispute to the person so named or
designated.
(4) Any such notice as is referred to in subsection (3) of this section may be
served in the manner prescribed for the service of a civil summons, as well as in
any other manner provided in the submission.
(5) Where the court orders that an award be set aside or orders, after the
commencement of an arbitration, that the arbitration shall cease to have effect
with respect to the dispute referred, the court may further order that the period
between the commencement of the arbitration and the date of the order of the court
be excluded in computing the period of limitation prescribed for the bringing of an
action or commencement of arbitration proceedings with respect to the dispute
referred.
(6) In relation to an arbitration under a written law, subsections (3) and (4) of
this section have effect as if the references to the submission were replaced by
references to such provisions of the written law as relate to the arbitration.
35. Set-off and counterclaim
For the purposes of this Act and any other written law relating to the limitation
of actions, any claim by way of set-off or counterclaim is taken to be a separate
action and to have been commenced on the same date as the action in which the
set-off or counterclaim is pleaded.
36. Refusal of relief where acquiescence, etc.
Nothing in this Act affects any equitable jurisdiction to refuse relief on the
grounds of acquiescence or otherwise.
37. Application of Act to registered land
This Act applies to land registered under the Government Lands Act (Cap. 280),
the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) or the
Registered Land Act (Cap. 300), in the same manner and to the same extent as it
applies to land not so registered, except that—
(a) where, if the land were not so registered, the title of the person
registered as proprietor would be extinguished, such title is not
extinguished but is held by the person registered as proprietor for
the time being in trust for the person who, by virtue of this Act, has
acquired title against any person registered as proprietor, but without
prejudice to the estate or interest of any other person interested in the
land whose estate or interest is not extinguished by this Act;
(b) an easement acquired under section 32 of this Act does not come
into being until a copy of the judgment establishing the right to the
easement has been registered against the title to the land affected
thereby, but is, until that time, held by the person for the time being
registered as proprietor in trust for the person who has acquired it.
L19 - 21
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