Limitation of actions

CPA-Business-Law-Section-1 BLOCK RELEASE

Actions of Contract and Tort and Certain Other Actions

Actions of contract and tort and certain other actions

i. The following actions may not be brought after the end of 6 years from the date on which the cause of action accrued—
a) actions founded on contract;
b) actions to enforce a recognizance;
c) actions to enforce an award;
d) actions to recover a sum recoverable virtue of a written law, other than a penalty or forfeiture or sum way of penalty or forfeiture;
e) actions including actions claiming equitable relief, for which no other period of limitation is provided this limitations Act or any other written law.

ii. An action founded on tort may not be brought after the end of 3 years from the date on which the cause of action accrued:

iii. Provided that an action for libel or slander may not be brought after the end of 12 months from such date

iv. An action for an account may not be brought in respect of any matter which arose more than 6 years before the commencement of the action.

v. An action may not be brought upon a judgment after the end of 12 years from the date on which the judgment was delivered, or (where the judgment or a subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods) the date of the default in making the payment or delivery in question, and no arrears of interest in respect of a judgment debt may be recovered after the expiration of 6 years from the date on which the interest became due.

vi. An action to recover any penalty or forfeiture or sum way of penalty or forfeiture recoverable virtue of a written law may not be brought after the end of two years from the date on which the cause of action accrued.

vii. This section does not apply to a cause of action within the Admiralty jurisdiction of the court which is enforceable in rem, except that (i) above applies to an action to recover seamen’s wages.

Action for contribution from tortfeasor

Where under section 3 of the Law Reform Act (Cap. 26), a tortfeasor (in this section referred to as the first tortfeasor) becomes entitled after the commencement of this Act to a right to recover contribution in respect of any damage from another tortfeasor, an action to recover contribution virtue of that right shall not be brought after the end of 2 years from the date on which that right accrued to the first tortfeasor.

For the purposes of these rules, the date on which a right to recover contribution in respect of any damage accrues to a tortfeasor shall be ascertained as follows—

a) if the tortfeasor is held liable in respect of that damage a judgment given in civil proceedings or an award, the relevant date is the date on which the judgment is given, or the date of the award, as the case may be;
b) if, in a case not falling within the above rule, the tortfeasor admits liability in favour of one or more persons in respect of that damage, the relevant date is the earliest date on which the amount to be paid him in discharge of that liability is agreed or on behalf of the tortfeasor and that person, or each of those persons, as the case may be, and for the purposes of this subsection no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the tortfeasor.
c) extension of limitation period in case of disability does not apply to an action virtue of this section unless the plaintiff proves that the person under the disability was not, at the time when the right to recover contribution accrued to him, in the custody of a parent, and where the section does so apply it shall have effect as if the words “six years” there were replaced the words “two years”.

Successive conversions, and extinction of title to converted goods
Where any cause of action in respect of the conversion or wrongful detention of movable property has accrued to any person and, before he recovers possession of the property, a further conversion or wrongful detention takes place, no action may be brought in respect of the further conversion or detention after the end of three years from the accrual of the cause of action in respect of the original conversion or detention.
Where any such cause of action has accrued to any person and the period of limitation prescribed for an action thereon and for an action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the movable property, the title of that person to the property is extinguished

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