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1976 Ed.]
Limitation
CHAPTER 347
LIMITATION
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To consolidate and amend the law relating to the limitation of actions
and arbitrations.
[11th June, 1965.]
Originally 31 of 1965.
L.N. 37/68, L.N. 100/68. 9 of 1972.
67 of 1976.*
PART I
PRELIMINARY
1. This Ordinance may be cited as the Limitation Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires-
"action" includes any proceeding in a court of law;
"the court", in relation to an action, means the court in which the
action has been, or is intended to be, brought;
"foreshore" means the shore and bed of the sea and of any tidal water, below the line of the medium high tide between the spring tides and the neap tides;
"land" includes corporeal hereditaments and rentcharges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament; "parent" includes father and mother, and grandfather and grand- mother, and stepfather and stepmother, whether any such relationship is legitimate, illegitimate or in consequence of adoption;
"personal estate" and "personal property" do not include chattels
real;
"personal injuries" includes any disease and any impairment of a person's physical or mental condition, and "injury" shall be construed accordingly; (Replaced, 67 of 1976, s. 2)
"rent" includes a rentcharge and a rent service;
"rentcharge" means any annuity or periodical sum of money charged upon or payable out of land, except a rent service or interest on a mortgage on land;
"ship" includes every description of vessel used in navigation not
propelled solely by oars;
Short title.
Interpretation.
1939 c. 21, s. 31; 1954 c. 36, s. 2(3).
"trust", "trustee" and "trust for sale" have the same meanings
respectively as in the Trustee Ordinance.
(Cap. 29.)
(2) A person shall be deemed to claim through another person, if he became entitled by, through, under, or by the act of that other person to the right claimed:
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Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointer.
(3) References in this Ordinance to a right of action to recover land shall include references to a right to enter into possession of the land or, in the case of rentcharges, to distrain for arrears of rent, and references to the bringing of such an action shall include references to the making of such an entry or distress.
(4) In the case of rentcharges, references in this Ordinance to the possession of land shall be construed as references to the receipt of the rent, and references to the date of dispossession or discon- tinuance of possession of land shall be construed as references to the date of the last receipt of rent.
(5) In Part III of this Ordinance, references to a right of action shall 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 personal estate of a deceased person; and references to the date of the accrual of a right of action shall---
(a) in the case of an action for an account, be construed as 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, be construed as references to the date on which the judgment became enforceable;
(c) in the case of an action to recover arrears of rent or interest, or damages in respect thereof, be construed as references to the date on which the rent or interest became due.
PART II
Part II to be subject to provisions of Part III.
1939 c. 21, s. 1.
Limitation of actions of contract and tort, and
certain other actions.
1939 c. 21, s. 2;
1954 c. 36, s. 2(1).
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION
3. The provisions of this Part shall have effect subject to the provisions of Part III which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake, and in the case of certain actions in respect of personal injuries.
Actions of contract and tort and certain actions
4. (1) The following actions shall not be brought after the expiration of 6 years from the date on which the cause of action accrued, that is to say—
(a) actions founded on simple contract or on tort; (b) actions to enforce a recognizance;
(c) actions to enforce an award, where the submission is not
by an instrument under seal;
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(d) actions to recover any sum recoverable by virtue of any Ordinance or imperial enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture:
Provided that—
(i) in the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under any Ordinance or imperial enactment or independently of any contract or any such provision) 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, this subsection shall have effect as if for the reference to 6 years there were substituted a reference to 3 years; and
(ii) nothing in this subsection shall be taken to refer to any
action to which section 6 applies.
(2) An action for an account shall not be brought in respect of any matter which arose more than 6 years before the commence- ment of the action.
(3) An action upon a specialty shall not be brought after the expiration of 12 years from the date on which the cause of action accrued:
Provided that this subsection shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Ordinance.
(4) An action shall not be brought upon any judgment after the expiration of 12 years from the date on which the judgment became enforceable, and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of 6 years from the date on which the interest became due.
(5) An action to recover any penalty or forfeiture, or sum by way of penalty or forfeiture, recoverable by virtue of any Ordinance or imperial enactment shall not be brought after the expiration of 2 years from the date on which the cause of action accrued:
Provided that for the purposes of this subsection the expression "penalty" shall not include a fine to which any person is liable on conviction of a criminal offence.
(6) Subsection (1) shall apply to an action to recover seamen's wages, but save as aforesaid this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem.
(7) This section shall not apply to any claim for specific per- formance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by