Section 20 of Limitation of Actions Act CAP 22: 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 the trustee was a party or privy; or
(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee or previously received by the trustee and converted to his use.
(2) Subject to subsection (1), an action by a beneficiary to recover trust property or in respect of any breach of trust (not being an action for which a period of limitation is prescribed by any other provision of this Act) may not be brought after the end of six years from the date on which the right of action accrued:
Provided that the right of action does not accrue to a beneficiary entitled to a future interest in the trust property, until the interest falls into possession.
(3) A beneficiary against whom there would be a good defence under this Act may not derive a greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.


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

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