A limitation of action period can be defined as a time-frame established in law, which, upon lapsing, a party cannot bring forth a specified action before a court of law. The rationale behind limitation of action periods can be traced backed to the equitable maxim, “Delay defeats equity.”
For those new to it, here’s a little backstory. Equity was a body of law developed to allow a wider variety of remedies to case parties. At the time, damages (compensation in monetary terms) were the only available remedy. This sometimes perpetuated unfairness, creating the need to have more appropriate remedies for certain circumstances.
It was against this backdrop that Equity developed, allowing a wider range or remedies, such as injunctions, specific performance, rescission and rectification. Equity also had a range of guiding principles, known as equitable maxims. One of this was, “Delay defeats equity.” The rationale behind delay defeats equity was to prevent stale claims from being brought before courts. It was presumed that a party who sleeps on their rights and does nothing about a wrong within a reasonable period consents to such infringement of their rights.
The Limitation of Action Act codifies certain statutory periods after which one cannot bring forth a claim. In any matter involving a contract, an action to enforce an award or recover a sum may not be brought after six years from the occurrence of the act or omission leading to the claim.
Actions in tort (a civil wrong committed against a party) cannot be brought after three years, but where the tort is defamation, the action must be brought within 12 months. An action to recover land may not be brought later than 12 years after the date at which the right accrued, whereas one to recover rent may not be brought later than six years after the right accrues.
There may be cases where this period may be extended. If a person experiences a circumstance that makes it impossible for them to bring the action within the required period (for example, due to being mentally incapacitated), they are allowed an allowance of six years from when that circumstance ceases or if they die. If the action pertains to land or a mortgage, the period is set at 30 years from when the action was due.
It is worth noting that criminal cases do not have a limitation of action period. That is to say, if one commits a criminal offence, even if they escape or go into hiding, should they be found after decades, they will still be charged with the offence. This is to discourage the culture of law-breaking.
Once the limitation of action period for a matter lapses, no matter how crystal clear one’s case may be, the courts will decline to listen to such a matter on grounds of the matter being statute-barred.
There are numerous provisions and exceptions on different issues and their limitations. These can be found by accessing the Limitation of Actions Act (CAP 22). As a general principle though, one should bring an action as soon as possible.
