Civil Procedure and Limitation (Miscellaneous Provisions) Act

Section 1. Interpretation Section 1(1) In this Act, unless the context otherwise requires— “ local authority ” means a local council within the meaning of the Local Governments Act; “ scheduled corporation ” means a corporation mentioned in Schedule 1 to this Act. Section 1(2) For the purposes of this Act, a person shall be deemed to be under a disability while he or she is an infant or suffers from mental illness. Section 1(3) For the purposes of subsection (2), but without prejudice to the generality of that subsection, a person shall be conclusively presumed to be suffering from mental illness while he or she is detained in pursuance of any enactment authorising the detention of persons suffering from mental illness or criminal lunatics.

Section 2. Notice prior to suing Section 2(1) Notwithstanding the provisions of any other written law, no suit shall lie or be instituted against— Section 2(1)(a) the Government; Section 2(1)(b) a local authority ; or Section 2(1)(c) a scheduled corporation , Section 2(2) The written notice required by this section shall be in the form set out in Schedule 3 to this Act, and every plaint subsequently filed shall contain a statement that such notice has been delivered or left in accordance with the provisions of this section.

Section 3. Limitation of certain actions Section 3(1) No action founded on tort shall be brought against— Section 3(1)(a) the Government; Section 3(1)(b) a local authority ; or Section 3(1)(c) a scheduled corporation , Section 3(2) No action founded on contract shall be brought against the Government or against a local authority after the expiration of three years from the date on which the cause of action arose.

Section 4. Actions against public officers Section Where any action, prosecution or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or other written law, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act or other written law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is instituted within six months after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within three months after the ceasing of the injury or damage.

Section 5. Extension of limitation period in case of disability Section this section shall not affect any case where the right of action first accrued to some person, not under a disability, through whom the person under a disability claims;

Section 6. Postponement of limitation period in case of fraud or mistake Section 6(1) Where, in the case of any action for which a period of limitation is prescribed by this Act, either— Section 6(1)(a) the action is based upon the fraud of the defendant or his or her agent or of any person through whom he or she claims or his or her agent; Section 6(1)(b) the right of action is concealed by the fraud of any such person as is mentioned in paragraph (a); or Section 6(1)(c) the action is for relief from the consequence of a mistake, Section 6(2) Notwithstanding subsection (1), nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which— Section 6(2)(a) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or Section 6(2)(b) in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made, by a person who did not know or have reason to believe that the m...

Section 7. Power to amend Schedules Section The Minister may, by statutory order, amend the Schedules to this Act.

Section 8. Effect of amending Schedule 1 Section if an item is added to the Schedule, and immediately before the commencement of the order the time for bringing any proceedings had not already expired under any law relating to limitation of actions then in force, and the bringing of the proceedings is barred by this Act, the proceedings may be instituted before the expiration of twelve months from the commencement of the order; but nothing in this section shall enable any proceedings to be instituted where the time for bringing the proceedings would have expired apart from this Act;