Section 23 of Limitation of Actions Act CAP 22: 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 accrued, and—
(i) the person in possession of the land or movable property
acknowledges the title of the person to whom the right of action has accrued; or
(ii) in the case of a foreclosure or other action by a mortgagee, the person in possession of the land or movable property or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest, the right accrues on and not before the date of the acknowledgement or payment.
(2) Where a mortgagee is, by virtue of the mortgage, in possession of any mortgaged land and either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the titles of the mortgagor, or his equity of redemption, an action to redeem the land in his possession may be brought at any time before the end of twelve years from the date of the payment or acknowledgement.
(3) Where a right of action has accrued to recover a debt or other liquidated pecuniary claim, or a claim to movable property of a deceased person, and the person liable or accountable therefor acknowledges the claim or makes any payment in respect of it, the right accrues on and not before the date of the acknowledgement or the last payment:
Provided that a payment of a part of the rent or interest due at any time does not extend the period for claiming the remainder then due, but a payment of interest is treated as a payment in respect of the principal debt.


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

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