Statute of Limitations, 1957

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Limitation of actions of contract and tort and certain other actions.

11.—(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

(a) actions founded on simple contract;

(b) actions founded on quasi-contract;

(c) actions to enforce a recognizance;

(d) actions to enforce an award, where the arbitration agreement is not under seal or where the arbitration is under any Act other than the Arbitration Act, 1954 (No. 26 of 1954);

(e) actions to recover any sum recoverable by virtue of any enactment, other than—

(i) a penalty or forfeiture or sum by way of penalty or forfeiture, or

(ii) a debt created by subsection (2) of section 14 or section 125 of the Companies (Consolidation) Act, 1908 , or

(iii) an amount recoverable by a tortfeasor under section 4 or 5 of the Tortfeasors Act, 1951 (No. 1 of 1951).

(2) (a) Subject to paragraphs (b) and (c) of this subsection, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

(b) An action claiming damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued.

(c) An action claiming damages for slander shall not be brought after the expiration of three years from the date on which the cause of action accrued.

(3) An action to recover, in respect of the liability of a tortfeasor to an injured person, an amount recoverable by the tortfeasor under section 4 or 5 of the Tortfeasors Act, 1951 (No. 1 of 1951), shall not be brought after the expiration of two years from the date on which the cause of action accrued.

(4) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

(5) The following actions shall not be brought after the expiration of twelve years from the date on which the cause of action accrued:—

(a) an action upon an instrument under seal, other than an action upon an instrument under seal to recover—

(i) arrears of a rentcharge or of a conventional rent, or

(ii) any principal sum of money secured by a mortgage or other charge, or

(iii) arrears of interest in respect of any sum of money secured by a mortgage or other charge, or

(iv) arrears of an annuity charged on personal property;

(b) an action to enforce an award, where the arbitration agreement is under seal;

(c) an action to recover a debt created by subsection (2) of section 14 or section 125 of the Companies (Consolidation) Act, 1908 .

(6) (a) An action shall not be brought upon a judgment after the expiration of twelve years from the date on which the judgment became enforceable.

(b) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

(7) (a) In this subsection “penalty” does not include a fine to which any person is liable on conviction of a criminal offence.

(b) An action to recover any penalty or forfeiture, or sum by way of penalty or forfeiture, recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued.

(8) (a) Subsection (1) of this section shall apply to an action to recover seamen's wages.

(b) Save as provided by paragraph (a) of this subsection, this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem.

(9) (a) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief.

(b) Paragraph (a) of this subsection shall not be construed as preventing a Court from applying by analogy any provision of this section in like manner as the corresponding enactment repealed by this Act has heretofore been applied.