Civil Procedure and Limitation (Miscellaneous Provisions) Act

1. Interpretation

2. Notice prior to suing

3. Limitation of certain actions

4. Actions against public officers

Where, after the commencement of this Act, any action, prosecution or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or other written law, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act or other written law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is instituted within six months after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within three months after the ceasing of the injury or damage.

5. Extension of limitation period in case of disability

If on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of twelve months from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired; except that—(a)this section shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims;(b)when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person;(c)no action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he or she claims;(d)this section shall not apply to any suit to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.

6. Postponement of limitation period in case of fraud or mistake

7. Minister’s power to vary, etc Schedules

The Minister may, by statutory order—(a)vary any item in the First Schedule to this Act;(b)alter the form set out in the Second Schedule to this Act; and(c)delete any item from or add any item to the Third Schedule to this Act.

8. Effect of adding or deleting items from the Third Schedule

Where the Minister makes a statutory order in the exercise of his or her powers under section 7 in respect of the Third Schedule to the Act, the following provisions shall have effect—(a)if an item is added to the Schedule, and immediately before the commencement of the order the time for bringing any proceedings had not already expired under any law relating to limitation of actions then in force, and the bringing of the proceedings is barred by this Act, the proceedings may be instituted before the expiration of twelve months from the commencement of the order; but nothing in this section shall enable any proceedings to be instituted where the time for bringing the proceedings would have expired apart from this Act;(b)if any item is deleted from the Schedule, the deletion shall not enable any action to be brought which was barred by this Act before the making of the statutory order.