Describe the rules that govern limitation of actions in tort

  • Causes of action in tort or on contract must be enforced within the duration prescribed by the Provisions of the Limitation of Actions Act, Cap 22 failing which the action becomes statute barred.
  • All actions based on tort must be enforced within 3 years. However, an action based on defamation must be enforced within 1 year.
  • Time start running from the date the cause of action arises. However, the running of time may be postponed in certain circumstances, for example
  1. If the prospective plaintiff is an infant, time start running when it attains the age of majority or dies whichever comes first.
  2. If the prospective plaintiff is of unsound mind, time start running when he becomes of sound mind or dies whichever occurs first.
  3. If the plaintiff is laboring under fraud or ignorance of material facts time start running when he ascertains the facts or when a reasonable person would have done so.

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