Section 3 of Limitation of Actions Act CAP 22: Part subject to Part III

This Part is subject to Part III of this Act, which provides for the extension of the periods of limitation in the case of disability, acknowledgement, part payment, fraud, mistake and ignorance of material facts.

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More Sections

Section 4 - Actions of contract and tort and certain other actions
(1) The following actions may not be brought after the end of six years from the date on which the cause of action accrued— (a) actions founded on contract; (b) actions to enforce a recognizance;...
Section 5 - Action for contribution from tortfeasor
(1) Where under section 3 of the Law Reform Act (Cap. 26) a tortfeasor (in this section referred to as the first tortfeasor) becomes entitled after the commencement of this Act to a right to recover...
Section 6 - Successive conversions, and extinction of title to converted goods
(1) Where any cause of action in respect of the conversion or wrongful detention of movable property has accrued to any person and, before he recovers possession of the property, a further conversion...
Section 7 - Actions to recover land
An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom...
Section 8 - Actions to recover rent
An action may not be brought, and distress may not be made, to recover arrears of rent, or damages in respect thereof, after the end of six years from the date on which the arrears became due.
Section 9 - Accrual of right of action in case of present interest in land
(1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued...
Section 10 - Accrual of right of action in case of future interest in land
(1) Subject to this section, where a person brings an action to recover land, and the estate or interest claimed was an estate or interest in reversion or any other future estate or interest and no...
Section 11 - Accrual of right of action in case of forfeiture of breach of condition
A right of action to recover land by virtue of a forfeiture or breach of condition accrues on the date on which the liability to forfeiture was incurred or the condition broken: Provided that, if...
Section 12 - Accrual of right of action in case of certain tenancies
(1) A tenancy at will is taken to be determined at the end of one year from its commencement, unless it has previously been determined, and accordingly the right of action of the person entitled to...
Section 13 - Right of action not to accrue or continue unless adverse possession
(1) A right of action to recover land does not accrue unless the land is in the possession of some person in whose favour the period of limitation can run (which possession is in this Act referred to...
Section 14 - Redemption actions
Where a mortgagee of land has been in possession, as mortgagee, of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession...
Section 15 - Right of action not preserved by formal entry or continual claim
For the purposes of this Act, no person is taken to have been in possession of any land by reason only of his having made a formal entry thereon, and no continual or other claim upon or near any land...
Section 16 - Administration dates back to death
For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person is taken to claim as if there had been no interval of...
Section 17 - Title extinguished at end of limitation period
Subject to section 18 of this Act, at the expiration of the period prescribed by this Act for a person to bring an action to recover land (including a redemption action), the title of that person to...
Section 18 - Equitable interests
(1) Subject to section 20(1) of this Act, this Act applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it...
Section 19 - Actions to recover mortgage money or proceeds of sale of land
(1) An action may not be brought to recover a principal sum of money secured by a mortgage on land or movable property, or to recover proceeds of the sale of land, after the end of twelve years from...
Section 20 - Actions concerning trust property
(1) None of the periods of limitation prescribed by this Act apply to an action by a beneficiary under a trust, which is an action— (a) in respect of a fraud or fraudulent breach of trust to which...
Section 21 - Actions claiming movable property of deceased
Subject to section 20(1) of this Act, an action in respect of a claim to movable property of a deceased person, whether under a will or on intestacy, may not be brought after the end of twelve years...
Section 22 - Extension of limitation period in case of disability
If, on the date when a right of action accrues for which a period of limitation is prescribed by this Act, the person to whom it accrues is under a disability, the action may be brought at any time...
Section 23 - Fresh accrual of right of action on acknowledgement or part payment
(1) Where— (a) a right of action (including a foreclosure action) to recover land; or (b) a right of a mortgagee of movable property to bring a foreclosure action in respect of the property, has...
Section 24 - Formalities as to acknowledgements and part payments
(1) Every acknowledgement of the kind mentioned in section 23 of this Act must be in writing and signed by the person making it. (2) The acknowledgement or payment mentioned in section 23 of this...
Section 25 - Effect of acknowledgement or part payment on person other than maker or recipient
(1) An acknowledgement of the title to any land or mortgaged movable property, by any person in possession thereof, binds all other persons in possession during the ensuing period of limitation....
Section 26 - Extension of limitation period in case of fraud or mistake
Where, in the case of an action for which a period of limitation is prescribed, either— (a) the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims...
Section 27 - Extension of limitation period in case of ignorance of material facts in actions for negligence, etc.
(1) Section 4(2) does not afford a defence to an action founded on tort where— (a) the action is for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a...
Section 28 - Application for leave of court under section 27
(1) An application for the leave of the court for the purposes of section 27 of this Act shall be made ex parte, except in so far as rules of court may otherwise provide in relation to applications...
Section 29 - Provision where injured person has died
(1) In relation to an action to which section 27 of this Act applies, being an action in respect of one or more causes of action surviving for the benefit of the estate of a deceased person by virtue...
Section 30 - Interpretation of sections 27, 28 and 29
(1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following— (a) the fact that personal injuries...
Section 31 - Part to apply to other laws of limitation
Where a period of limitation is prescribed for any action or arbitration by any other written law, that written law shall be construed as if Part III of this Act were incorporated in it.
Section 32 - Means by which easements may be acquired
(1) Where— (a) the access and use of light or air to and for any building have been enjoyed with the building as an easement; or (b) any way or watercourse, or the use of any water, has been...
Section 33 - Where servient tenement held for limited interest or leased
Where any land upon, over or from which any easement has been enjoyed or derived has been held for or by virtue of an interest for life or a term of years exceeding three years, the time while the...
Section 34 - Application of limitation law to arbitration
(1) This Act and any other written law relating to the limitation of actions apply to arbitrations as they apply to actions. (2) Where a submission contains a term that no cause of action shall...
Section 35 - Set-off and counterclaim
For the purposes of this Act and any other written law relating to the limitation of actions, any claim by way of set-off or counterclaim is taken to be a separate action and to have been commenced on...
Section 36 - Refusal of relief where acquiescence, etc.
Nothing in this Act affects any equitable jurisdiction to refuse relief on the grounds of acquiescence or otherwise.
Section 37 - Application of Act to registered land
This Act applies to land registered under the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) or the Registered Land Act (Cap. 300), in the...
Section 38 - Registration of title to land or easement acquired under Act
(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts cited in section 37 of this Act, or land comprised in a lease registered under any of...
Section 39 - Contract not to plead limitation, and estoppel
(1) A period of limitation does not run if— (a) there is a contract not to plead limitation; or (b) that the person attempting to plead limitation is estopped from so doing. (2) For the purposes...
Section 40 - Causes of action arising abroad
(1) The law relating to the limitation of actions, whether contained in this Act or in any other written law, applies to actions in the courts of Kenya arising outside, as well as within, Kenya:...
Section 41 - Exclusion of public land
This Act does not— (a) enable a person to acquire any title to, or any easement over— (i) Government land or land otherwise enjoyed by the Government; (ii) mines or minerals as defined in the...
Section 42 - Exclusion of certain proceedings
(1) This Act does not apply to— (a) criminal proceedings; or (b) matrimonial proceedings; or (c) an action to recover possession of Trust land; or (d) proceedings by the Government to recover...
Section 43 - Application to proceedings by or against Government
Subject to— (a) section 33 of the Kenya Regiment (Territorial Force) Act (Cap. 200); (b) section 136 of the Government Lands Act (Cap. 280) (as amended by this Act); and (c) sections 41 and 42...
Section 44 - Actions already barred and pending actions
Nothing in this Act— (a) enables any action to be brought which was barred before the commencement of this Act by any written law repealed, or which in its application to Kenya is repealed, by this...
Section 45 - Causes of action already accruing or accrued
(1) Subject to subsection (2) of this section, the period of limitation for a cause of action which arose before the commencement of this Act shall, if it has not then already ended, end at the time...
Section 46 - Amendment and repeal
The Arbitration Act (Cap. 49) is amended by inserting therein, immediately after section 18 thereof, a new section as follows— 18A. Power of court to extend time for commencing arbitration...