Limitation of Actions Act

Section 22. Extension of limitation period in case of disability Section this section does not affect any case where the right of action first accrues to a person who is not under a disability and through whom the person under a disability claims;

Section 23. Fresh accrual of right of action on acknowledgement or part payment Section 23(1) Where— Section 23(1)(a) a right of action (including a foreclosure action) to recover land; or Section 23(1)(b) a right of a mortgagee of movable property to bring a foreclosure action in respect of the property, has accrued, and— Section 23(1)(b) the person in possession of the land or movable property acknowledges the title of the person to whom the right of action has accrued; or Section 23(1)(b)(i) the person in possession of the land or movable property acknowledges the title of the person to whom the right of action has accrued; or Section 23(1)(b)(ii) in the case of a foreclosure or other action by a mortgagee, the person in possession of the land or movable property or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest, the right accrues on and not before the date of the acknowledgement or payment. Section 23(2) Where a mortgagee is, by virtue of the mortgage, in possession of any mortgaged land and either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the titles of the mortga...

Section 24. Formalities as to acknowledgements and part payments Section 24(1) Every acknowledgement of the kind mentioned insection 23of this Act must be in writing and signed by the person making it. Section 24(2) The acknowledgement or payment mentioned insection 23of this Act is one made to the person, or to an agent of the person, whose title or claim is being acknowledged, or in respect of whose claim the payment is being made, as the case may be, and it may be made by the agent of the person by whom it is required by that section to be made.

Section 25. Effect of acknowledgement or part payment on person other than maker or recipient Section 25(1) An acknowledgement of the title to any land or mortgaged movable property, by any person in possession thereof, binds all other persons in possession during the ensuing period of limitation. Section 25(2) A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged property, so far as any right of the mortgagee to foreclose or otherwise recover the property is concerned, binds all other persons in possession of the mortgaged property during the ensuing period of limitation. Section 25(3) Where two or more mortgagees are by virtue of the mortgage in possession of the mortgaged land— Section 25(3)(a) an acknowledgement of the mortgagor’s title or of his equity of redemption by one of the mortgagees binds only him and his successors, and does not bind any other mortgagee or his successors; and Section 25(3)(b) where the mortgagee by whom the acknowledgement is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor is entitled to redeem that part of the land upon paying that pa...

Section 26. Extension of limitation period in case of fraud or mistake Section the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims or his agent; or

Section 27. Extension of limitation period in case of ignorance of material facts in actions for negligence, etc. Section 27(1) Section 4(2) does not afford a defence to an action founded on tort where— Section 27(1)(a) the action is for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law); and Section 27(1)(b) the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries of any person; and Section 27(1)(c) the court has, whether before or after the commencement of the action, granted leave for the purposes of this section; and Section 27(1)(d) the requirements of subsection (2) are fulfilled in relation to the cause of action. Section 27(2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which were at all times outside the knowledge (actual or constructive) of the plaintiff until a date which— Section 27(2)(a) either was after the three-y...

Section 28. Application for leave of court undersection 27 Section 28(1) An application for the leave of the court for the purposes ofsection 27of this Act shall be madeex parte, except insofar as rules of court may otherwise provide in relation to applications made after the commencement of a relevant action. Section 28(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates if, but only if, on evidence adduced by or on behalf of the plaintiff, it appears to the court that, if such an action were brought forthwith and the like evidence were adduced in that action, that evidence would in the absence of any evidence to the contrary, be sufficient— Section 28(2)(a) to establish that cause of action, apart from any defence undersection 4(2) of this Act; and Section 28(2)(b) to fulfil the requirements ofsection 27(2) of this Act in relation to that cause of action. Section 28(3) Where such an application is made after the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates if, but only if,...

Section 29. Provision where injured person has died Section 29(1) In relation to an action to whichsection 27of this Act applies, being an action in respect of one or more causes of action surviving for the benefit of the estate of a deceased person by virtue of section 2 of the Law Reform Act (Cap. 26),section 27of this Act andsection 28of this Act shall have effect subject to subsections (4) and (5) of this section. Section 29(2) Subsections (1), (2) and (3) ofsection 27of this Act andsection 28of this Act shall have effect, subject to subsections (4) and (6) of this section, in relation to an action brought under the Fatal Accidents Act (Cap. 32) for damages in respect of a person’s death, as they have effect in relation to an action to whichsection 27of this Act applies. Section 29(3) In the following provisions of this section, and in sections27and28as modified by those provisions, "the deceased" means the person referred to in subsection (1) or subsection (2), as the case may be. Section 29(4) Section 27(1) of this Act shall not have effect in relation to an action falling within subsection (1) or subsection (2) of this Act, unless the action is brought before the end of twel...

Section 30. Interpretation of sections27,28and29 Section 30(1) In sections27,28and29of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following— Section 30(1)(a) the fact that personal injuries resulting from the negligence, nuisance or breach of duty constituting that cause of action; Section 30(1)(b) the nature or extent of the personal injuries resulting from that negligence, nuisance or breach of duty; Section 30(1)(c) the fact that the personal injuries so resulting were attributable to that negligence, nuisance or breach of duty, or the extent to which any of those personal injuries were so attributable. Section 30(2) For the purposes of sections27,28and29of this Act any of the material facts relating to a cause of action shall be taken, at any particular time, to have been facts of a decisive character if they were facts which a reasonable person, knowing those facts and having obtained appropriate advice with respect to them, would have regarded at that time as determining, in relation to that cause of action, that (apart fromsection 4(2) of this Act) an action would have a reasonable prospect of succeeding a...

Section 31. Part to apply to other laws of limitation Section Where a period of limitation is prescribed for any action or arbitration by any other written law, that written law shall be construed as if Part III of this Act were incorporated in it.

Section 1. Short title Section This Act may be cited as the Limitation of Actions Act.

Section 2. Interpretation Section 2(1) In this Act, except where the context otherwise requires— "arbitration" means an arbitration on a submission or under a written law; "assurance" includes conveyance, assignment, transfer, lease, mortgage and charge and any other disposition of land otherwise than by will or intestacy; "award" means an award of an arbitrator for the purposes of the Arbitration Act (Cap. 49) or a foreign award within the meaning of the Arbitration (Foreign Awards) Act (Repealed). "contract" includes bailment and quasi -contract; "fraud" includes conduct which, having regard to some special relationship between the parties concerned, is an unconscionable thing for the one to do towards the other; "land" means immovable property or the proceeds of the sale of immovable property, but not an easement nor a debt secured on immovable property by mortgage; "minor" means a person under the age of twenty-one years, other than a person who is or has been married; "mortgage" includes charge; "parent" means father, grandfather, stepfather, mother, grandmother or stepmother; and any illegitimate or adopted person is for this purpose treated as the legitimate offspring of his...

Section 3. Part subject to Part III

Section 4. Actions of contract and tort and certain other actions Section 4(1)(a) actions founded on contract; Section 4(1)(b) actions to enforce a recognizance; Section 4(1)(c) actions to enforce an award; Section 4(1)(d) actions to recover a sum recoverable by virtue of a written law, other than a penalty or forfeiture or sum by way of penalty or forfeiture; Section 4(1)(e) actions, including actions claiming equitable relief, for which no other period of limitation is provided by this Act or by any other written law. Section 4(2) An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued: Provided that an action for libel or slander may not be brought after the end of twelve months from such date. Section 4(3) An action for an account may not be brought in respect of any matter which arose more than six years before the commencement of the action. Section 4(4) An action may not be brought upon a judgment after the end of twelve 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 da...

Section 5. Action for contribution from tortfeasor Section 5(1) 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 by virtue of that right shall (subject to subsection (3) of this section) not be brought after the end of two years from the date on which that right accrued to the first tortfeasor. Section 5(2)(a) if the tortfeasor is held liable in respect of that damage by a judgment given in civil proceedings or by 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; Section 5(2)(b) if, in a case not falling within paragraph (a) of this subsection, 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 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...

Section 6. Successive conversions, and extinction of title to converted goods Section 6(1) 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. Section 6(2) 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.

Section 7. Actions to recover land Section An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person.

Section 8. Actions to recover rent Section An action may not be brought, and distress may not be made, to recover arrears of rent, or damages in respect thereof, after the end of six years from the date on which the arrears became due.

Section 9. Accrual of right of action in case of present interest in land Section 9(1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action accrues on the date of the dispossession or discontinuance. Section 9(2) Where a person brings an action to recover land of a deceased person, whether under a will or on intestacy, and the deceased person was on the date of his death in possession of the land, and was the last person entitled to the land to be in possession of the land, the right of action accrues on the date of death. Section 9(3) Where a person brings an action to recover land, being an estate or interest in possession assured otherwise than by will, to him, or to some person through whom he claims, by a person who, at the date when the assurance took effect, was in possession of the land, and no person has been in possession of the land by virtue of the assurance, the right of action accrues on the date when the assurance took effect.

Section 10. Accrual of right of action in case of future interest in land Section 10(1) Subject to this section, where a person brings an action to recover land, and the estate or interest claimed was an estate or interest in reversion or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, the right of action accrues on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest. Section 10(2) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination of that estate or interest, no action may be brought by the person entitled to the succeeding estate or interest after the end of twelve years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period ends last. Section 10(3) A person may not bring an action to recover any estate or interest in land under an...

Section 11. Accrual of right of action in case of forfeiture of breach of condition Section A right of action to recover land by virtue of a forfeiture or breach of condition accrues on the date on which the liability to forfeiture was incurred or the condition broken: Provided that, if such a right has accrued to a person entitled to an estate or interest in reversion and the land was not recovered by virtue thereof, the right of action to recover the land does not accrue to that person until his estate or interest falls into possession, as if no such forfeiture or breach of condition had occurred.

Section 12. Accrual of right of action in case of certain tenancies Section 12(1) A tenancy at will is taken to be determined at the end of one year from its commencement, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues on the date of such determination. Section 12(2) A tenancy from year to year or other period, without a lease in writing, is taken to be determined at the end of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues at the date of such determination: Provided that, where any rent has subsequently been received in respect of the tenancy, the right of action accrues on the date of the last receipt of rent. Section 12(3)(a) the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and Section 12(3)(b) no rent is subsequently received by the person rightfully so entitled, the right of action of the last-named person to recover the land accrues at the date when the rent was first received by the person wr...

Section 13. Right of action not to accrue or continue unless adverse possession Section 13(1) A right of action to recover land does not accrue unless the land is in the possession of some person in whose favour the period of limitation can run (which possession is in this Act referred to as adverse possession), and, where under sections 9 , 10 , 11 and 12 of this Act a right of action to recover land accrues on a certain date and no person is in adverse possession on that date, a right of action does not accrue unless and until some person takes adverse possession of the land. Section 13(2) Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action is no longer taken to have accrued, and a fresh right of action does not accrue unless and until some person again takes adverse possession of the land. Section 13(3) For the purposes of this section, receipt of rent under a lease by a person wrongfully claiming, in accordance with section 12 (3) of this Act, the land in reversion is taken to be adverse possession of the land.

Section 14. Redemption actions Section Where a mortgagee of land has been in possession, as mortgagee, of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession may thereafter be brought by the mortgagor or any person claiming through him.

Section 15. Right of action not preserved by formal entry or continual claim Section For the purposes of this Act, no person is taken to have been in possession of any land by reason only of his having made a formal entry thereon, and no continual or other claim upon or near any land preserves any right of action to recover the land.

Section 16. Administration dates back to death Section For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person is taken to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.

Section 17. Title extinguished at end of limitation period Section Subject to section 18 of this Act, at the expiration of the period prescribed by this Act for a person to bring an action to recover land (including a redemption action), the title of that person to the land is extinguished.

Section 18. Equitable interests Section 18(1) Subject to section 20 (1) of this Act, this Act applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it applies to legal estates, and accordingly a right to action to recover the land, for the purposes of this Act but not otherwise, accrues to a person entitled in possession to such an equitable interest in the like manner and circumstances and on the same date as it would accrue if his interest were a legal estate in the land. Section 18(2) Where land is held upon trust, including a trust for sale, and the period of limitation prescribed for an action by the trustees to recover the land has expired, the estate of the trustees is not extinguished if and so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Act, but when the right of action is so barred the estate of the trustees is extinguished. Section 18(3) Where any land is held upon trust, including a trust for sale, an action to recover the land may be brought...

Section 19. Actions to recover mortgage money or proceeds of sale of land Section 19(1) An action may not be brought to recover a principal sum of money secured by a mortgage on land or movable property, or to recover proceeds of the sale of land, after the end of twelve years from the date when the right to receive the money accrued. Section 19(2)(i) if after that date the mortgagee was in possession of the mortgaged property, the right to foreclose on the property which was in his possession does not accrue until the date on which his possession discontinued; Section 19(2)(ii) this subsection does not apply to a foreclosure action in respect of mortgaged land, but instead the provisions of this Act relating to actions to recover land apply to such an action. Section 19(3) The right to receive a principal sum of money secured by a mortgage and the right to foreclose on the property subject to the mortgage does not accrue so long as that property comprises any future interest or any life insurance policy which has not matured or been determined. Section 19(4)(i) where a prior mortgagee or other encumbrancer has been in possession of the property mortgaged, and an action is brought...

Section 20. Actions concerning trust property Section 20(1)(a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or Section 20(1)(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee or previously received by the trustee and converted to his use. Section 20(2) Subject to subsection (1), an action by a beneficiary to recover trust property or in respect of any breach of trust (not being an action for which a period of limitation is prescribed by any other provision of this Act) may not be brought after the end of six years from the date on which the right of action accrued: Provided that the right of action does not accrue to a beneficiary entitled to a future interest in the trust property, until the interest falls into possession. Section 20(3) A beneficiary against whom there would be a good defence under this Act may not derive a greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.

Section 21. Actions claiming movable property of deceased Section Subject to section 20 (1) of this Act, an action in respect of a claim to movable property of a deceased person, whether under a will or on intestacy, may not be brought after the end of twelve years from the date on which the cause of action accrued, and an action to recover arrears of interest in respect of a legacy, or damages in respect of such arrears, may not be brought after the end of six years from the date on which the interest became due.

Section 10A. Special time limit for secondary liability of partners Section 10A(1)(a) the date of the expiration of the period of limitation (if any) applicable under this Act to an action against the partnership in respect of the partnershi obligation; or Section 10A(1)(b) if the date of judgement against the partnership establishing the partnership obligation is after the date referred to in paragraph (a), two years after that date. Section 10A(2)(a) whether or not there is an appeal against the judgment; and Section 10A(2)(b) whether or not execution of the judgment is stayed. Section 10A(3) Subsection (1) applies to a former partner as it applies to a partner. [Act No. 16 of 2012 , s. 79.]

Section 32. Means by which easements may be acquired Section 32(1)(a) the access and use of light or air to and for any building have been enjoyed with the building as an easement; or Section 32(1)(b) any way or watercourse, or the use of any water, has been enjoyed as an easement; or Section 32(1)(c) any other easement has been enjoyed, peaceably and openly as of right, and without interruption, for twenty years, the right to such access and use of light or air, or to such way or watercourse or use of water, or to such other easement, is absolute and indefeasible. Section 32(2) The said period of twenty years is a period (whether commencing before or after the commencement of this Act) ending within the two years immediately preceding the institution of the action in which the claim to which the period relates is contested.

Section 33. Where servient tenement held for limited interest or leased Section Where any land upon, over or from which any easement has been enjoyed or derived has been held for or by virtue of an interest for life or a term of years exceeding three years, the time while the easement is enjoyed during the continuance of the interest or term is excluded in the computation of the period of twenty years if the claim is, within three years next after the determination of the interest or term, resisted by the person entitled on such determination to the land.

Section 34. Application of limitation law to arbitration Section 34(1) This Act and any other written law relating to the limitation of actions apply to arbitrations as they apply to actions. Section 34(2) Where a submission contains a term that no cause of action shall accrue in respect of a matter, the cause of action, for the purposes of this Act and of any other written law relating to the limitation of actions (whether in their application to arbitration or to other proceedings), accrues in respect of any such matter at the time when it would have accrued but for that term in the submission. Section 34(3) For the purposes of this Act and of any other written law relating to the limitation of actions, an arbitration is taken to be commenced when one party to the arbitration serves on the other party a notice requiring him to appoint an arbitrator or to concur in the appointment of an arbitrator or, where the submission provides that the reference shall be to a person named or designated in the submission, requiring him to submit the dispute to the person so named or designated. Section 34(4) Any such notice as is referred to in subsection (3) of this section may be served in th...

Section 35. Set-off and counterclaim Section For the purposes of this Act and any other written law relating to the limitation of actions, any claim by way of set-off or counterclaim is taken to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.

Section 36. Refusal of relief where acquiescence, etc. Section Nothing in this Act affects any equitable jurisdiction to refuse relief on the grounds of acquiescence or otherwise.

Section 37. Application of Act to registered land Section where, if the land were not so registered, the title of the person registered as proprietor would be extinguished, such title is not extinguished but is held by the person registered as proprietor for the time being in trust for the person who, by virtue of this Act, has acquired title against any person registered as proprietor, but without prejudice to the estate or interest of any other person interested in the land whose estate or interest is not extinguished by this Act;

Section 38. Registration of title to land or easement acquired under Act Section 38(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts cited in section 37 of this Act, or land comprised in a lease registered under any of those Acts, he may apply to the High Court for an order that he be registered as the proprietor of the land or lease in place of the person then registered as proprietor of the land. Section 38(2) An order made under subsection (1) of this section shall on registration take effect subject to any entry on the register which has not been extinguished under this Act. Section 38(3) A proprietor of land who has acquired a right to an easement under section 32 of this Act may apply to the High Court for an order vesting the easement in him, and may register any order so obtained in the register of the land or lease affected by the easement and in the register of the land or lease for whose benefit it has been acquired, and the easement comes into being upon such registration being made, but not before. Section 38(4) The proprietor, the applicant and any other person interested may apply to the High Court for th...

Section 39. Contract not to plead limitation, and estoppel Section 39(1)(a) there is a contract not to plead limitation; or Section 39(1)(b) that the person attempting to plead limitation is estopped from so doing. Section 39(2) For the purposes of subsection (1) of this section, "estopped" includes estopped by equitable or promissory estoppel.

Section 40. Causes of action arising abroad Section 40(1) The law relating to the limitation of actions, whether contained in this Act or in any other written law, applies to actions in the courts of Kenya arising outside, as well as within, Kenya: Provided that, where a foreign law bars either the right or the remedy in respect of a cause of action arising outside Kenya which is sued upon a Kenya court, the action is barred. Section 40(2) No new cause of action arises on an action in Kenya on a foreign judgment.

Section 41. Exclusion of public land Section Government land or land otherwise enjoyed by the Government;

Section 42. Exclusion of certain proceedings Section 42(1)(a) criminal proceedings; or Section 42(1)(b) matrimonial proceedings; or Section 42(1)(c) an action to recover possession of Trust land; or Section 42(1)(d) proceedings by the Government to recover possession of Government land, or to recover any tax or duty, or the interest on any tax or duty, or any penalty for non-payment or late payment of any tax or duty, or any costs or expense in connexion with any such recovery; or Section 42(1)(e) proceedings to which the Public Authorities Limitation Act (Cap. 39) applies; or Section 42(1)(f) forfeiture proceedings under the East African Customs Management Act, 1952 ( No. 12 of 1952 ), or the East African Excise Management Act, 1952 ( No. 13 of 1952 ), of the High Commission; or Section 42(1)(g) proceedings in respect of the forfeiture of a ship or an aircraft; or Section 42(1)(h) civil proceedings brought under the National Social Security Fund Act (Cap. 258), for the recovery of any contributions or any other sum and any penalty or interest thereon; or Section 42(1)(i) civil proceedings brought under the Higher Education Loans Board Act 1995 (Cap. 213), for the recovery of any l...

Section 43. Application to proceedings by or against Government Section section 33 of the Kenya Regiment (Territorial Force) Act (Cap. 200);

Section 44. Actions already barred and pending actions Section enables any action to be brought which was barred before the commencement of this Act by any written law repealed, or which in its application to Kenya is repealed, by this Act except in so far as the cause of action or right of action may be revived by an acknowledgement or part payment made in accordance with this Act; or

Section 45. Causes of action already accruing or accrued Section 45(1) Subject to subsection (2) of this section, the period of limitation for a cause of action which arose before the commencement of this Act shall, if it has not then already ended, end at the time when it would have ended apart from this Act, or at the time when it would have ended if this Act had at all material times been in force, whichever is the later. Section 45(2)(i) in the application of section 28 of this Act to an action which is pending at the commencement of this Act, subsection (3) of that section shall have effect as if the words from "and it also appears" to the end of the subsection were omitted; and Section 45(2)(ii) for the purposes of this section, an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired; and accordingly section 27 of this Act shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commencement of this Act.