Limitation Of Actions Act Cap 22 in Kenya

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46 sections

• Section 1 of Limitation of Actions Act CAP 22: Short title
  

  This Act may be cited as the Limitation of Actions Act.

  
  
• Section 2 of Limitation of Actions Act CAP 22: Interpretation
  

  (1) In this Act, except where the context otherwise requires— “arbitration” means an arbitration on a submission or under a written law; “assurance” includes conveyance, assignment, transfer, lease, mortgage and charge and any other disposition of land otherwise than by will or intestacy;...

  
  
• Section 3 of Limitation of Actions Act CAP 22: Part subject to Part III
  

  This Part is subject to Part III of this Act, which provides for the extension of the periods of limitation in the case of disability, acknowledgement, part payment, fraud, mistake and ignorance of material facts.

  
  
• Section 4 of Limitation of Actions Act CAP 22: Actions of contract and tort and certain other actions
  

  (1) The following actions may not be brought after the end of six years from the date on which the cause of action accrued— (a) actions founded on contract; (b) actions to enforce a recognizance; (c) actions to enforce an award; (d) actions to recover a sum recoverable by virtue of a written...

  
  
• 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...

  
  
• Section 6 of Limitation of Actions Act CAP 22: Successive conversions, and extinction of title to converted goods
  

  (1) Where any cause of action in respect of the conversion or wrongful detention of movable property has accrued to any person and, before he recovers possession of the property, a further conversion or wrongful detention takes place, no action may be brought in respect of the further conversion or...

  
  
• Section 7 of Limitation of Actions Act CAP 22: Actions to recover land
  

  An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person.

  
  
• Section 8 of Limitation of Actions Act CAP 22: Actions to recover rent
  

  An action may not be brought, and distress may not be made, to recover arrears of rent, or damages in respect thereof, after the end of six years from the date on which the arrears became due.

  
  
• Section 9 of Limitation of Actions Act CAP 22: Accrual of right of action in case of present interest in land
  

  (1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action accrues on the date of the dispossession or discontinuance....

  
  
• Section 10 of Limitation of Actions Act CAP 22: Accrual of right of action in case of future interest in land
  

  (1) Subject to this section, where a person brings an action to recover land, and the estate or interest claimed was an estate or interest in reversion or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, the right of...

  
  
• Section 11 of Limitation of Actions Act CAP 22: Accrual of right of action in case of forfeiture of breach of condition
  

  A right of action to recover land by virtue of a forfeiture or breach of condition accrues on the date on which the liability to forfeiture was incurred or the condition broken: Provided that, if such a right has accrued to a person entitled to an estate or interest in reversion and the land was...

  
  
• Section 12 of Limitation of Actions Act CAP 22: Accrual of right of action in case of certain tenancies
  

  (1) A tenancy at will is taken to be determined at the end of one year from its commencement, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues on the date of such determination. (2) A tenancy from year...

  
  
• Section 13 of Limitation of Actions Act CAP 22: Right of action not to accrue or continue unless adverse possession
  

  (1) A right of action to recover land does not accrue unless the land is in the possession of some person in whose favour the period of limitation can run (which possession is in this Act referred to as adverse possession), and, where under sections 9, 10, 11 and 12 of this Act a right of action to...

  
  
• Section 14 of Limitation of Actions Act CAP 22: Redemption actions
  

  Where a mortgagee of land has been in possession, as mortgagee, of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession may thereafter be brought by the mortgagor or any person claiming through him.

  
  
• Section 15 of Limitation of Actions Act CAP 22: Right of action not preserved by formal entry or continual claim
  

  For the purposes of this Act, no person is taken to have been in possession of any land by reason only of his having made a formal entry thereon, and no continual or other claim upon or near any land preserves any right of action to recover the land.

  
  
• Section 16 of Limitation of Actions Act CAP 22: Administration dates back to death
  

  For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person is taken to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.

  
  
• Section 17 of Limitation of Actions Act CAP 22: Title extinguished at end of limitation period
  

  Subject to section 18 of this Act, at the expiration of the period prescribed by this Act for a person to bring an action to recover land (including a redemption action), the title of that person to the land is extinguished.

  
  
• Section 18 of Limitation of Actions Act CAP 22: Equitable interests
  

  (1) Subject to section 20(1) of this Act, this Act applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it applies to legal estates, and accordingly a right to action to recover the land, for the purposes of this...

  
  
• Section 19 of Limitation of Actions Act CAP 22: Actions to recover mortgage money or proceeds of sale of land
  

  (1) An action may not be brought to recover a principal sum of money secured by a mortgage on land or movable property, or to recover proceeds of the sale of land, after the end of twelve years from the date when the right to receive the money accrued. (2) A foreclosure action in respect of...

  
  
• 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...

  
  
• Section 21 of Limitation of Actions Act CAP 22: Actions claiming movable property of deceased
  

  Subject to section 20(1) of this Act, an action in respect of a claim to movable property of a deceased person, whether under a will or on intestacy, may not be brought after the end of twelve years from the date on which the cause of action accrued, and an action to recover arrears of interest in...

  
  
• Section 22 of Limitation of Actions Act CAP 22: Extension of limitation period in case of disability
  

  If, on the date when a right of action accrues for which a period of limitation is prescribed by this Act, the person to whom it accrues is under a disability, the action may be brought at any time before the end of six years from the date when the person ceases to be under a disability or dies,...

  
  
• 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...

  
  
• Section 24 of Limitation of Actions Act CAP 22: Formalities as to acknowledgements and part payments
  

  (1) Every acknowledgement of the kind mentioned in section 23 of this Act must be in writing and signed by the person making it. (2) The acknowledgement or payment mentioned in section 23 of this Act is one made to the person, or to an agent of the person, whose title or claim is being...

  
  
• 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...

  
  
• Section 26 of Limitation of Actions Act CAP 22: Extension of limitation period in case of fraud or mistake
  

  Where, in the case of an action for which a period of limitation is prescribed, either— (a) the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims or his agent; or (b) the right of action is concealed by the fraud of any such person as...

  
  
• 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...

  
  
• Section 28 of Limitation of Actions Act CAP 22: Application for leave of court under section 27
  

  (1) An application for the leave of the court for the purposes of section 27 of this Act shall be made ex parte, except in so far as rules of court may otherwise provide in relation to applications made after the commencement of a relevant action. (2) Where such an application is made before the...

  
  
• Section 29 of Limitation of Actions Act CAP 22: Provision where injured person has died
  

  (1) In relation to an action to which section 27 of this Act applies, being an action in respect of one or more causes of action surviving for the benefit of the estate of a deceased person by virtue of section 2 of the Law Reform Act (Cap. 26), section 27 of this Act and section 28 of this Act...

  
  
• Section 30 of Limitation of Actions Act CAP 22: Interpretation of sections 27, 28 and 29
  

  (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following— (a) the fact that personal injuries resulting from the negligence, nuisance or breach of duty constituting that cause of action; (b) the...