Limitation Act

Section Interpretation Section In Part III of this Act, 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— In this Act, unless the context otherwise requires— “ action ” includes any proceeding in a court ; “ award ” means an award of an arbitrator under the Arbitration and Conciliation Act, or a foreign award within the meaning of the Arbitration and Conciliation Act; “ court ” means the High Court or a magistrate’s court ; “ enactment ” means a legislative instrument having effect in Uganda; “ land ” includes corporeal hereditaments and rent charges, and any legal or equitable estate or interest in them, including an interest in the proceeds of the sale of land held on trust for sale, but except as provided in this definition does not include any incorporeal hereditament; “ magistrate’s court ” means a court established under the Magistrates Courts Act; “ officer ”, in rel...

Section Part II to be subject to provisions of Part III relating to disability, acknowledgment, fraud, etc. Section The provisions of this Part shall have effect subject to the provisions of Part III of this Act, which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake.

Section Application of Act and other limitation enactments to arbitrations Section This Act and any other enactment relating to the limitation of actions shall apply to arbitrations as they apply to actions in the court . Notwithstanding any term in a submission to the effect that no cause of action shall accrue in respect of any matter required by the submission to be referred until an award is made under the submission , the cause of action shall, for the purpose of this Act and of any other enactment relating to the limitation of actions, whether in their application to arbitrations or to other proceedings, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the submission . For the purpose of this Act and of any other enactment relating to the limitation of actions, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party a notice requiring him or her to appoint an arbitrator or to agree to 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 or her to submit...

Section Provisions as to setoff or counterclaim Section For the purposes of this Act, any claim by way of setoff or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the setoff or counterclaim is pleaded.

Section Acquiescence Section Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

Section Application of Act to registered land Section Without prejudice to the operation of section 171 of the Registration of Titles Act, which contains certain provisions relating to the limitation of actions, this Act shall apply to land registered under the Registration of Titles Act in the same manner and to the same extent as it applies to land not so registered, except that where, if the land were not registered, the estate of the person registered as proprietor would be extinguished, that estate shall not be extinguished but shall be deemed to be 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 estates and interests of any other person interested in the land whose estate or interest is not extinguished by this Act.

Section Application of Act to proceedings by or against Government Section Subject to section 31 and the other provisions of this Act, this Act shall apply to proceedings by or against the Government as they apply to proceedings between private persons.

Section Miscellaneous savings Section Nothing in this Act shall— affect the right of the Uganda Land Commission to public land vested in it by virtue of the Constitution or of the Public Land Act, Cap. 201 (Revised Edition, 1964) or apply to an action brought by the Uganda Land Commission to recover possession of such land ; apply to any proceedings by the Government for the recovery of any tax or duty or the interest on it or to any forfeiture proceedings under the East African Community Customs Management Act or to any proceedings in respect to the forfeiture of a ship; apply to any criminal proceedings; or affect any right to mines and minerals vested in the Government.

Section Saving for other limitation enactments Section This Act shall not apply to any action or arbitration for which a period of limitation is prescribed by any other enactment , or to any action or arbitration to which the Government is a party and for which, if it were between private persons, a period of limitation would be prescribed by any other enactment .