Law of Limitation Act
- Commenced on 1 March 1971
- [This is the version of this document at 30 November 2019.]
Part I – Preliminary provisions
1. Short titleThis Act may be cited as the Law of Limitation Act.
Part II – Limitation of actions
3. Dismissal of proceedings instituted after period of limitation
4. Commencement of period of limitationThe period of limitation prescribed by this Act in relation to any proceeding shall, subject to the provisions of this Act hereinafter contained, commence from the date on which the right of action for such proceeding accrues.
Part III – Accrual of rights of action
5. Accrual of rights of actionSubject to the provisions of this Act the right of action in respect of any proceeding, shall accrue on the date on which the cause of action arises.
6. Accrual of rights of action in certain casesFor the purposes of this Act—
7. Continuing breaches and wrongsWhere there is a continuing breach of contract or a continuing wrong independent of contract a fresh period of limitation shall begin to run at every moment of the time during which the breach or the wrong, as the case may be, continues.
8. Accrual of right of action in claim for contribution from join tortfeasorFor the purposes of this Act, the date on which the right of tortfeasor to recover contribution from a joint tortfeasor accrues, shall be ascertained as follows—
9. Accrual of right of action in cases of person interested in land
10. Accrual of right of action in cases of future interest in land
11. Accrual of right of action in cases of forfeiture or breach of conditionA right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the liability for 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 not recovered by virtue thereof, the right of action to recover the land shall not accrue to that person until his estate or interest falls into possession, as if no such forfeiture or breach of condition had occurred.
12. Accrual of right of action in cases of certain tenancies
13. Accrual of right of action in foreclosure suits
Part IV – Computation of period of limitation
14. Extension of period in certain cases
15. Legal disabilityIf on the date on which a right of action for a suit or an application for the execution of a decree accrues, the person to whom it accrues is under a disability, the action may be brought at any time before the expiry of the period of limitation prescribed for such action computed from the date when the person ceases to be under a disability or dies, whichever event first occurs.
16. Exclusion of time when plaintiff under disabilityWhere, after the right of action for a suit or an application for the execution of a decree has accrued and before the period of limitation prescribed for such suit or application expires, the person to whom such right has accrued suffers a disability, in computing the period of limitation prescribed for such suit or application, the time during which such person is under disability shall be excluded.
17. Disability of one of several plaintiffs or applicants
18. Actions concerning trust property
19. Exclusion of certain periods
20. Exclusion of time of defendant’s absence from TanzaniaIn computing the period of limitation prescribed for any suit or an application for execution of a decree, the time during which the defendant has been absent from the United Republic shall be excluded.
21. Exclusion of time of proceedings bon fide in court without jurisdiction
22. Exclusion of time during which proceedings suspendedIn computing the period of limitation prescribed for a proceeding the institution, continuance or conclusion of which has been stayed by injunction or order, the time during which the injunction or order remains in force, shall be excluded.
23. Exclusion of time during which proceedings to set aside execution sale are pendingIn computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which any proceeding to set aside the sale has been prosecuted shall be excluded.
24. Effect of death before right of action accrues
25. Effect of death after the accrual of right of action
26. Effect of fraud or mistakeWhere in the case of any proceeding for which a period of limitation is prescribed—
27. Fresh accrual of right of action on acknowledgement and part payment
28. Provisions relating to acknowledgement and part payment
29. Effect of acknowledgement and part payment on person other than the maker or recipient
30. Successive conversions and extensions of title to converted good
Part V – Special provisions relating to land
31. Acquisition of easements
32. No easement over public land
33. Right of action not to accrue or continue unless adverse possession
34. Right of action not preserved by formal entry or continual claimFor the purposes of this Act no person shall be deemed 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 shall operate to preserve any right of action to recover the land.
35. Administration dates back to deathFor the purposes of the provisions of this Act relating to suits for the recovery of land, an administrator of the estate of a deceased person shall be 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 or, as the case may be, of the probate.
36. Equitable interests
37. Registration of title to land or easement acquired under this Act
38. Limitation on acquisition by adverse possessionNotwithstanding anything contained in this Act—
Part VI – Miscellaneous provisions
39. Consequences of expiry of period of limitationSubject to the provisions of section 38 and section 44, upon the expiration of the period of limitation prescribed for a suit for possession of any property the right to such property of the person who would, but for the expiry of such period, have been entitled to sue for the recovery of its possession shall be extinguished.
40. Application of limitation to law of arbitration
41. Set-off and counter-claimFor the purposes of this Act any claim by way of set-off or counter-claim shall be deemed to be a separate action and to have been commenced on the same date as the suit in which the set-off or counter-claim is pleaded.
42. Causes of action arising abroad
43. Exclusion of certain proceedingsThis Act shall not apply to—
44. Minister may extend period of limitation
45. Application to proceedings by or against GovernmentSubject to the provisions of this Act or any other written law to the contrary, this Act shall apply to proceedings by or against the Government as it applies to proceedings between private persons.
46. Periods of limitation prescribed by other written lawsWhere a period of limitation for any proceeding is prescribed by any other written law, then, unless the contrary intention appears in such written law, and subject to the provisions of section 43, the provisions of this Act shall apply as if such period of limitation had been prescribed by this Act.
47. DisapplicationDisapplication of the Indian Limitation Act, 1908.
48. Transitional provisions
49. OmittedAmends certain laws.
50. Minister may limit application of this Act to proceedings under customary lawThe Minister may by regulations replace or modify all or any of the provisions of this Act in their application to proceedings under the customary law and until such time as regulations under this section are made the Magistrates’ Courts (Limitation of Proceedings under Customary Law) Rules, made under the Magistrates’ Courts Act, shall continue in force as if those rules were regulations made under this section replacing all the provisions of this Act other than the provisions of section 43, and the Minister may by regulations made under this section, vary, amend or replace the said rules.[Cap. 11]
Historia ya hati hii
01 Machi 1971
Nyaraka zilizonukuliwa 0
Nyaraka zinazonukuu hii 16
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