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Section 5 of Limitation of Actions Act CAP 22: 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 contribution in respect of any damage from another tortfeasor, an action to recover contribution by virtue of that right shall (subject to subsection (3) of this section) not be brought after the end of two years from the date on which that right accrued to the first tortfeasor.
(2) For the purposes of this section, the date on which a right to recover contribution in respect of any damage accrues to a tortfeasor (in this subsection referred to as the relevant date) shall be ascertained as follows—
(a) if the tortfeasor is held liable in respect of that damage by a judgment given in civil proceedings or by an award, the relevant date is the date on which the judgment is given, or the date of the award, as the case may be;
(b) if, in a case not falling within paragraph (a) of this subsection, the tortfeasor admits liability in favour of one or more persons in respect of that damage, the relevant date is the earliest date on which the amount to be paid by him in discharge of that liability is agreed by or on behalf of the tortfeasor and that person, or each of those
persons, as the case may be, and for the purposes of this subsection no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the tortfeasor.
(3) Section 22(1) shall not apply to an action by virtue of this section unless the plaintiff proves that the person under the disability was not, at the time when the right to recover contribution accrued to him, in the custody of a parent, and where the section does so apply it shall have effect as if the words “six years” there were replaced by the words “two years”.

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