LIMITATION DECREE, 1972 (NRCD 54)

Posted by Samuel Siaw on Thursday, December 11, 2008 Under: Law

NATIONAL REDEMPTION COUNCIL DECREE

LIMITATION DECREE, 1972 (NRCD 54)

ARRANGEMENT OF SECTIONS

Section

PART I—PERIODS OF LIMITATION

1. Part I to be subject to provisions of Part II

2. Actions barred after two years

3. Actions barred after three years

4. Actions barred after six years

5. Actions barred after twelve years

6. Exemption for equitable reliefs

7. Successive conversions

8. Recovery of movable estate of deceased persons

9. Recovery of arrears of rent, etc.

10. Recovery of land

11. Accrual of right of action in case of reversion, etc.

12. Actions concerning mortgaged land

13. Actions concerning mortgage money

14. Recovery of property held upon trust

15. Actions against trustees

PART II—EXTENSION OF LIMITATION PERIODS

16. Extension in case of disability

17. Fresh accrual on acknowledgement

18. Effect of acknowledgement

19. Fresh accrual on part payment

20. Effect of payment

21. Appropriation of payment in respect of debts

22. Fraud and mistake

23. Extension of time where material facts not known

24. Applications for leave of Court

25. Application of sections 23 and 24 to actions after death

PART III—ARBITRATIONS

26. Application to arbitrations

27. Commencement of arbitration

28. Accrual notwithstanding term in agreement

29. Power of Court to extend time

PART IV—GENERAL

30. Application of this Decree

31. Acquiescence

32. Set-off and counterclaim

33. Actions barred and pending

34. Interpretation

35. Repeals

36. Commencement

SCHEDULES

First Schedule—Repeals

Second Schedule—English statutes ceasing to apply

LIMITATION DECREE, 1972

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972, this Decree is hereby made:

PART I—PERIODS OF LIMITATION

Section 1—Part I to be Subject to Provisions of Part II.

The provisions of this Part of this Decree shall have effect subject to the provisions of Part II of this Decree which provide for the extension of the periods of limitation in certain prescribed circumstances.

Section 2—Actions Barred after Two Years.

The following actions shall not be brought after the expiration of two years from the date on which the cause of action accrued:—

(a) actions claiming damages for slander or seduction;

(b) actions to recover contribution against one or more concurrent wrongdoers;

(c) actions to recover a penalty or forfeiture, or a sum by way of penalty or forfeiture, recoverable under any enactment.

Section 3—Actions Barred after Three Years.

(1) An action claiming damages for negligence, nuisance or breach of duty (howsoever the duty exists), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued.

(2) An action for damages for the benefit of the dependants of a deceased person under section 16 of the Civil Liability Act, 1963 (Act 176) shall not be brought after the expiration of three years from the death of the deceased.

(3) No action shall be brought under the said section 16 of the Civil Liability Act, 1963 if by the date of his death the deceased's right of action in relation to the fault by which his death was caused had become statute-barred.

(4) If the right of action of the deceased referred to in subsection (3) of this section had not become statute-barred by the date of his death the action under section 16 of the Civil Liability Act, 1963 may be brought within the period prescribed by subsection (2) of this section notwithstanding that by the time the action is brought the said right of action would have been statute-barred so far as the deceased was concerned.

Section 4—Actions Barred after Six Years.

(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued:—

(a) actions founded on tort other than actions to which sections 2 and 3 apply;

(b) actions founded on simple contract;

(d) actions to enforce a recognisance;

(e) actions to enforce an award, where the arbitration is under any enactment other than the Arbitration Act, 1961 (Act 38);

(f) actions to recover any sum recoverable by virtue of any enactment (other than actions to which sections 2 and 5 apply).

(2) This section shall apply to an action to recover seamen's wages but shall not otherwise apply to any cause of action within the jurisdiction of the High Court in maritime matters which is enforceable in rem.

(3) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

Section 5—Actions Barred after Twelve Years.

(1) The following actions shall not be brought after the expiration of twelve years from the date on which the cause of action accrued:—

(a) an action upon an instrument under seal, other than for the recovery of arrears of an annuity charged on movable property, or any principal sum of money or arrears of interest in respect of any sum of money secured by a mortgage or other charge;

(b) an action to enforce an award, where the arbitration agreement is under seal;

(d) an action to recover tax due and payable to the Commissioner of Income Tax, or duty due and payable to the Comptroller of Customs and Excise.

(2) An action shall not be brought upon a judgment after the expiration of twelve years from the date on which the judgment became enforceable.

(3) An action shall not be brought to recover proceeds of the sale of land after the expiration of twelve years from the date when the right to receive the money accrued.

Section 6—Exemption for Equitable Reliefs.

(1) Sections 2 to 5 shall not apply to any claim for specific performance of a contract or for an injunction or other equitable relief.

(2) This section shall not be construed as preventing a Court from applying by analogy any provision of sections 2 to 5 in any proceedings where in the opinion of the Court the interests of justice so require.

Section 7—Successive Conversions.

(1) Where any cause of action in respect of the conversion or wrongful detention of any movable property has accrued to any person and before he recovers possession of it a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any 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 thereto shall be extinguished.

Section 8—Recovery of Movable Estate of Deceased Persons.

(1) Subject to subsection (3) of this section, no action in respect of any claim to the movable estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued.

(2) Subject to subsection (3) of this section, no action to recover arrears of interest in respect of any legacy or damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

(3) No period of limitation fixed by this Decree shall apply to an action against a personal representative or any person claiming through him where the claim is founded on any fraud to which the personal representative was party or privy.

Section 9—Recovery of Arrears of Rent, Etc.

(1) No action shall be brought or distress made to recover arrears of rent or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

(2) No action shall be brought to recover arrears of an annuity charged on movable property or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

Section 10—Recovery of Land.

(1) No action shall be brought to recover any land after the expiration of twelve years from the date on which the right of action accrued to the person bringing it or, if it first accrued to some person through whom he claims, to that person.

(2) No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (in this section referred to as "adverse possession").

(3) Where a right of action to recover land has accrued, and thereafter, before the right of action is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to accrue until the land is again taken into adverse possession.

(4) For the purposes of this Decree, no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon.

(5) For the purposes of this Decree, no continual or other claim upon or near any land shall preserve any right of action to recover the land.

(6) On the expiration of the period fixed by this Decree for any person to bring an action to recover land, the title of that person to the land shall be extinguished.

Section 11—Accrual of Right of Action in Case of Reversion, Etc.

(1) A right of action to recover land shall, where the interest claimed was a reversion or any other future interest and no person has taken possession of the land by virtue of the interest claimed, be deemed to have accrued on the date on which the interest fell into possession by the determination of the preceding interest.

(2) If a person entitled to the preceding interest, not being a lease for a fixed period, was not in possession of the land on the date of the determination thereof no action shall be brought by the person entitled to the succeeding interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to the preceding interest or six years from the date on which the right of action accrued to the person entitled to the succeeding interest whichever period last expires.

(3) No person shall bring an action to recover any interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such action.

(4) Where any person is entitled to any estate or interest in land in possession and, while so entitled, is also entitled to any future interest in that land, and his right to recover the interest in possession is barred under this Decree, no action shall be brought by that person, or by any person claiming through him, in respect of the future interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate interest.

Section 12—Actions Concerning Mortgaged Land.

(1) No action shall be brought by any person claiming the right to exercise his power of sale of land which is subject to a mortgage or charge after the expiration of 12 years from the date on which the right of action accrued to the person bringing it or, if it first accrued to some person through whom he claims, to that person.

(2) At the expiration of the period fixed by this Decree for a mortgagee to bring an action claiming sale of the mortgaged land, the title of the mortgagee to the land shall be extinguished.

(3) Where a mortgagee of land has been in possession of any of the mortgaged land for a period of 12 years, no action to redeem the land of which the mortgagee has been so in possession shall thereafter be brought by the mortgagor or any person claiming through him.

(4) At the expiration of the period fixed by this Decree for a mortgagor to bring an action to redeem land subject to a mortgage, the title of the mortgagor to the land shall be extinguished.

(5) At the expiration of the period fixed by this Decree for a mortgagee of land to bring an action to recover the land or for a person claiming as mortgagee or chargee to bring an action claiming sale of the land, the right of the mortgagee or such person to the principal sum and interest secured by the mortgage or charge shall be extinguished.

Section 13—Actions Concerning Mortgage Money.

(1) No action shall be brought to recover any principal sum of money secured by a mortgage or charge on property, whether movable or immovable (other than a ship) after the expiration of twelve years from the date when the right to receive the money accrued.

(2) The right to receive any principal sum of money secured by a mortgage or charge shall not be deemed to accrue so long as the property subject to the mortgage or charge comprises any future interest or any life insurance policy which has not matured or been determined.

(3) No action shall be brought to recover arrears of interest payable in respect of any sum of money secured by a mortgage or charge on movable or immovable property (other than a ship), or to recover damages in respect of such arrears, after the expiration of six years from the date on which the interest became due.

(4) Where a prior mortgagee or other encumbrancer has been in possession of the property charged, and an action is brought within one year of the discontinuance of such possession by a subsequent encumbrancer, he may recover by that action all the arrears of interest which fell due during the period of possession of the prior encumbrancer or damages in respect thereof, notwithstanding that the period exceeded six years.

(5) Where the property subject to a mortgage or charge comprises any future interest or life insurance policy, and it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum secured by the mortgage or charge, interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.

(6) At the expiration of the period fixed by this Decree for a mortgagee or chargee to bring an action to recover a principal sum of money and interest secured by a mortgage or charge on movable property (other than a ship), the right of the mortgagee or chargee to the principal sum and interest shall be extinguished.

Section 14—Recovery of Property held upon Trust.

(1) Where any property is held upon trust, including a trust for sale, and the period fixed by this Decree has expired for bringing an action to recover the property by the trustees, the title of the trustees shall not be extinguished if and so long as the right of action of any person beneficially entitled to the property either has not accrued or has not been barred by this Decree, but if and when such right of action has been so barred, the title of the trustees shall be extinguished.

(2) Where any property is held upon trust, including a trust for sale, an action to recover the property may be brought by the trustees on behalf of any person beneficially entitled in possession to the property or in the proceeds of sale whose right of action has not been barred by this Decree, notwithstanding that the right of action of the trustees would apart from this provision have been barred by this Decree.

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