MENU

Section 2 of Limitation of Actions Act CAP 22: Interpretation

    

(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 (Cap. 50);
“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 mother and reputed father, or of his adopters, as the case may be;
“penalty” does not include a fine imposed on the conviction of a person for a criminal offence;
“personal injuries” includes a disease and the impairment of a person’s physical or mental condition;
“personal representative” has the same meaning as in the Trustee Act (Cap. 167);
“profit” means the right to go on the land of another and take a particular substance from that land, whether the soil or products of the soil;
“submission” has the same meaning as in the Arbitration Act, (Cap. 49);
“the Corporations” means the East African Railways Corporation, the East African Harbours Corporation, the East African Posts and
Telecommunications Corporation and the East African Airways Corporation;
“the Government” includes the Corporations;
“tort” includes devastavit;
“trust” and “trust for sale” have the same meaning as in the Trustee Act (Cap. 167);
“trustee” has the same meaning as in the Trustee Act, and includes a trust corporation as defined in that Act.
(2) For the purposes of this Act—
(a) proceedings by or against the Government includes proceedings by or against any Government department or public officer as such;
(b) a person is under a disability while he is a minor or of unsound mind; and, without prejudice to the generality of the foregoing, a person is conclusively presumed to be of unsound mind while he is detained in pursuance of some written law authorizing the detention of persons of unsound mind or criminal lunatics;
(c) a person claims through another person, if he became entitled by, through, under or by act of that other person to the right claimed:
Provided that a person becoming entitled to an estate or interest by virtue of a special power of appointment is not taken to claim through the appointor.
(3) References in this Act to a right of action to recover land include references to a right to enter into possession of the land, and references to the bringing of an action in respect of such a right of action include references to the making of such an entry.
(4) In Part III, references to a right of action 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 movable estate of a deceased person; and references to the date of the accrual of a right of action are—
(a) in the case of an action for an account, 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, references to the date on which the judgment was delivered;
(c) in the case of an action to recover arrears of rent or interest, or damages in respect thereof, references to the date on which the rent or interest became due.
(5) The time during which a company has been struck off the register and dissolved under section 339 of the Companies Act (Cap. 486) is not excluded in the computation of time for the purposes of this Act.

« Previous:   Section 1 - Short title          Next: »   Section 3 - Part subject to Part III

Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:

More Sections