6*.
CAP. 347]
Limitation
[1976 Ed.
(1939 c. 21.)
1975 c. 54, Schedule.
Limitation
in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3.
Time limit for claiming contribution between tortfeasors.
1963 c. 47, s. 4(1) & (2). (Cap. 23.)
the court by analogy in like manner as the corresponding enactment contained in the Limitation Act 1939 is applied in the English Courts.
(8) This section has effect subject to section 27. (Added, 67 of 1976, s. 3)
5. (1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, 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 6 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 chattel, the title of that person to the chattel shall be extinguished.
6. (1) Where under section 19 of the Law Amendment and Reform (Consolidation) Ordinance a tortfeasor (in this section referred to as "the first tortfeasor") becomes entitled after the com- mencement of this Ordinance to a right to recover contribution in respect of any damage from another tortfeasor, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26) be brought after the end of the period of 2 years from the date on which that right accrued to the first tortfeasor. (Amended, L.N. 37/68)
(2) For the purpose of this section the date on which a right to recover contribution in respect of any damage accrues to a tortfeasor (in this subsection referred to as "the relevant date") shall be ascertained as follows, that is to say—
(a) if the tortfeasor is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the relevant date shall be the date on which the judgment is given or the date of the award, as the case may be;
(b) if, in any case not falling within paragraph (a), the tort- feasor admits liability in favour of one or more persons in respect of that damage the relevant date shall be the earliest date on which the amount to be paid by him in discharge of that liability is agreed by 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.