Limitation act uganda pdf

CHAPTER 80
THE LIMITATION ACT.

Commencement: 7 May, 1959.

An Act to provide for the limitation of certain actions and arbitrations and for matters incidental thereto and connected therewith.

PART I
INTERPRETATION.

(1) In this Act, unless the context otherwise requires—

(a) "action" includes any proceeding in a court;

(b) "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;

(d) "enactment" means a legislative instrument having effect in Uganda;

(e) "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;

(f) "magistrate's court" means a court established under the Magistrates Courts Act;

(g) "officer", in relation to the Government, includes the President, a Minister and any servant of the Government;

(h) "personal estates" and "personal property" do not include chattels real;

(i) "personal injuries" includes any disease and any impairment of a person's physical or mental condition;

(j) "personal representative" has the same meaning as in the Law Reform (Miscellaneous Provisions) Act;

(k) "rent" includes a rent charge;

(l) "rent charge" means any annuity or periodical sum of money charged upon or payable out of land, except interest on a mortgage of land;

(m) "submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named in the agreement or not;

(n) "trust", "trustee" and "trust for sale" have the same meanings respectively as in the Trustees Act.

(2) For the purposes of this Act, proceedings by or against the Government shall include proceedings by or against any Government department or officer of the Government as such.

(3) For the purposes of this Act, a person shall be deemed to be under a disability while he or she is an infant or of unsound mind.

(4) For the purposes of subsection (3), but without prejudice to its generality, a person shall be conclusively presumed to be of unsound mind while he or she is detained in pursuance of any enactment authorising the detention of persons of unsound mind or criminal lunatics.

(5) A person shall be deemed to claim through another person if he or she became entitled by, through, under or by the act of that other person to the right claimed; except that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor.

(6) References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land or, in the case of rent charges, to distrain for arrears of rent, and references to the bringing of an action in respect of such a right of action shall include references to the making of such an entry or distress.

(7) References in this Act to the possession of land shall, in the case of rent charges, be construed as references to the receipt of the rent, and references to the date of dispossession or discontinuance of possession of land shall, in the case of rent charges, be construed as references to the date of the last receipt of rent.

(8) 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—

(a) in the case of an action for an account, be construed as references to the date on which the matter arose in respect of which an account is claimed;

(b) in the case of an action upon a judgment, be construed as references to the date on which the judgment became enforceable;

(c) in the case of an action to recover arrears of rent or interest, or damages in respect of those arrears, be construed as references to the date on which the rent or interest became due.

PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTIONS.

2. Part II to be subject to provisions of Part III relating to disability, acknowledgment, fraud, etc.

The provisions of this Part of this Act 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.

ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS.

3. Limitation of actions of contract and tort and certain other actions.

(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action arose—

(a) actions founded on contract or on tort;

(b) actions to enforce a recognisance;

(d) actions to recover any sum recoverable by virtue of any enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture,

except that in the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under an enactment or independently of any such contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, this subsection shall have effect as if for the reference to six years there were substituted a reference to three years.

(2) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

(3) An action shall not be brought upon any judgment after the expiration of 12 years from the date on which the judgment became enforceable, and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

(4) An action to recover any penalty or forfeiture, or sum by way of penalty or forfeiture, recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued; but for the purposes of this subsection, the expression "penalty" shall not include a fine to which any person is liable on conviction of a criminal offence.

(5) Subsection (1) shall appl

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.