CIVIL PROCEDURE AND LIMITATION (MISCELLANEOUS PROVISIONS) ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Interpretation.

   2.   Notice prior to suing.

   3.   Limitation of certain actions.

   4.   Actions against public officers.

   5.   Extension of limitation period in case of disability.

   6.   Postponement of limitation period in case of fraud or mistake.

   7.   Minister's power to vary, etc. Schedules.

   8.   Effect of adding or deleting items from the Third Schedule.

      First Schedule   Person at or to whose office notice to be delivered or sent.

      Second Schedule   Notice to intended defendant.

      Third Schedule   Scheduled corporations.

CHAPTER 72
CIVIL PROCEDURE AND LIMITATION (MISCELLANEOUS PROVISIONS) ACT.

Commencement: 28 April, 1969.

   An Act to provide for the giving of notice before certain suits are instituted; for the limitation of certain actions; for the protection against actions of persons acting in the execution of public duties and for purposes incidental to or connected with the matters aforesaid.

1.   Interpretation.

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

   (a)   "local authority" means a local council within the meaning of the Local Governments Act;

   (b)   "scheduled corporation" means a corporation mentioned in the Third Schedule to this Act.

   (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 of unsound mind.

   (3) For the purposes of subsection (2), but without prejudice to the generality of that subsection, 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.

2.   Notice prior to suing.

   (1) After the coming into force of this Act, notwithstanding the provisions of any other written law, no suit shall lie or be instituted against—

   (a)   the Government;

   (b)   a local authority; or

   (c)   a scheduled corporation,

until the expiration of 45 days after written notice has been delivered to or left at the office of the person specified in the First Schedule to this Act, stating the name, description and place of residence of the intending plaintiff, the name of the court in which it is intended the suit be instituted, the facts constituting the cause of action and when it arose, the relief that will be claimed and, so far as the circumstances admit, the value of the subject matter of the intended suit.

   (2) The written notice required by this section shall be in the form set out in the Second Schedule 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.

3.   Limitation of certain actions.

   (1) No action founded on tort shall be brought against—

   (a)   the Government;

   (b)   a local authority; or

   (c)   a scheduled corporation,

after the expiration of two years from the date on which the cause of action arose.

   (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.

4.   Actions against public officers.

   Where, after the commencement of this Act, 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.

5.   Extension of limitation period in case of disability.

   If on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of 12 months from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has ex

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.