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Section 25 of Limitation of Actions Act CAP 22: 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.
(2) A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged property, so far as any right of the mortgagee to foreclose or otherwise recover the property is concerned, binds all other persons in possession of the mortgaged property during the ensuing period of limitation.
(3) Where two or more mortgagees are by virtue of the mortgage in possession of the mortgaged land—
(a) an acknowledgement of the mortgagor’s title or of his equity of redemption by one of the mortgagees binds only him and his successors, and does not bind any other mortgagee or his successors; and
(b) where the mortgagee by whom the acknowledgement is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor is entitled to redeem that part of the land upon paying that part of the mortgage debt which bears the same proportion to the whole of the debt as the value of the part of the land bears to the value of the whole of the mortgaged land, together with interest.
(4) Where there are two or more mortgagors, and the title or right to redemption of one of the mortgagors is acknowledged as aforesaid, the acknowledgement is taken to have been made to all the mortgagors.
(5) An acknowledgement of a debt or other liquidated pecuniary claim binds the acknowledgor and his successors but not any other person.
(6) A payment made in respect of a debt or other liquidated pecuniary claim binds all persons liable in respect of the debt:
Provided that a payment made after the expiration of the period of limitation prescribed for an action to recover the debt or other claim does not bind any person other than the person making the payment and his successors.
(7) An acknowledgement by one of several personal representatives of a claim to movable property of a deceased person, or a payment by one of several personal representatives in respect of any such claim, binds the estate of the deceased person.
(8) In this section, “successor”, in relation to a mortgagee or a person liable in respect of a debt or claim, means his personal representative and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve, whether on death or bankruptcy or the disposition of property or the determination of a limited estate or otherwise.

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