By: Danos & Associates
Limitation of Actions Law of 2012 to 2015 with number 66 (I) of 2012 is the relevant law which governs the limitation periods for issuing Court proceedings for miscellaneous causes of action. The provisions of this law came into operation on the 1st of January 2016. Legal actions for which the limitation period right exists or go beyond the 1st of January 2016, the limitation period starts to run from the 1st of January 2016 and not on the date of cause of action or awareness of injury. Any cause of action which occurs after the 1st of January 2016, the limitation period starts to run from that day.
The time limitation for the causes of action mentioned below are:
1. General Limitation Period
No action can be brought in regards to any cause of action after the expiration of 10 years from the day of completion of the basis of the claim.
2. Mortgages
For any mortgage or pledge the limitation period is 12 years from the day of completion of the basis of the claim.
3. Civil Wrongs
The limitation period is 6 years except in the cases of negligence, nuisance or breach of duty where time limitation is 3 years. If the claim is related to personal injury or death the Court may exercise its discretion and extend the time limitation provided that the Claimant applies within 2 years of the expiration of the limitation period.
For claims related to defamation or malicious falsehood, the limitation period is 1 year.
4. Contracts
The limitation period is 6 years. However, if the claim relates to a contract or quasi-contract for any remuneration, fee or charge of (amongst others) lawyers, medical practitioners, dentists, architects, civil engineers, the limitation period is 3 years.
5. Bills of Exchange
The limitation period for book debts which are due to or from credit institutions, bills of exchange, cheques, promissory notes and bonds in a customary form is 6 years.
6. Probate
Inheritance claims have a limitation period of 8 years from the date of death. However, this is subject to exceptions.
Limitation period suspension
The limitation period is suspended in certain circumstances such as if in the final six months of the limitation period the claimant was prevented from commencing proceedings due to a moratorium or force majeure or if the claimant was prevented by the defendant during these 6 months from issuing Court proceedings.
Limitation period non-commencement
The limitation period will not commence or if it has started it will be suspended in certain cases such as between spouses during their marriage or between cohabiting partners during cohabitation. This is also applicable to other cases such as parents and children while the children are minors and between trustees and trust beneficiaries while the trust beneficiaries are minors or until the beneficiary is born and comes of age.
