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Section 27 of Limitation of Actions Act CAP 22: 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 contract or of a written law or independently of a contract or written law); and
(b) the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries of any person; and
(c) the court has, whether before or after the commencement of the action, granted leave for the purposes of this section; and
(d) the requirements of subsection (2) are fulfilled in relation to the cause of action.
(2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which were at all times outside the knowledge (actual or constructive) of the plaintiff until a date which—
(a) either was after the three-year period of limitation prescribed for that
cause of action or was not earlier than one year before the end of that period; and
(b) in either case, was a date not earlier than one year before the date on which the action was brought.
(3) This section does not exclude or otherwise affect—
(a) any defence which, in an action to which this section applies, may be available by virtue of any written law other than section 4(2) of this Act (whether it is a written law imposing a period of limitation or not) or by virtue of any rule of law or equity; or
(b) the operation of any law which, apart from this section, would enable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued.

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