CHAPTER 89
LAW OF LIMITATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
LIMITATION OF ACTIONS

   3.   Dismissal of proceedings instituted after period of limitation.

   4.   Commencement of period of limitation.

PART III
ACCRUAL OF RIGHTS OF ACTION

   5.   Accrual of rights of action.

   6.   Accrual of rights of action in certain cases.

   7.   Continuing breaches and wrongs.

   8.   Accrual of right of action in claim for contribution from joint tortfeasor.

   9.   Accrual of right of action in case of person interested in land.

   10.   Accrual of right of action in case of future interest in land.

   11.   Accrual of right of action in case of forfeiture or breach of condition.

   12.   Accrual of right of action in case 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 disability.

   16.   Exclusion of time when plaintiff under disability.

   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 Tanzania.

   21.   Exclusion of time of proceeding bona fide in court without jurisdiction.

   22.   Exclusion of time during which proceedings suspended.

   23.   Exclusion of time during which proceedings to set aside execution sale are pending.

   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 mistake.

   27.   Fresh accrual of right of action on acknowledgement or part payment.

   28.   Provisions relating to acknowledgement and part payment.

   29.   Effect of acknowledgement or part payment on person other than the maker or recipient.

   30.   Successive conversions and extensions of title to converted goods.

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 claim.

   35.   Administration dates back to death.

   36.   Equitable interests.

   37.   Registration of title to land or easement acquired under this Act.

   38.   Limitation on acquisition by adverse possession.

PART VI
MISCELLANEOUS PROVISIONS

   39.   Consequences of expiry of period of limitation.

   40.   Application of limitation to law of arbitration.

   41.   Set-off and counter-claim.

   42.   Causes of action arising abroad.

   43.   Exclusion of certain proceedings.

   44.   Minister may extend period of limitation.

   45.   Application to proceedings by or against Government.

   46.   Periods of limitation prescribed by other written laws.

   47.   [Disapplication.]

   48.   Transitional provisions.

   49.   [Amendment.]

   50.   Minister may limit application of this Act to proceedings under customary law.

SCHEDULE

CHAPTER 89
THE LAW OF LIMITATION ACT

An Act to prescribe the law for the limitation of actions in civil proceedings and for related matters.

[1st March, 1971]
[s. 1]

Act No. 10 of 1971

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Law of Limitation Act.

2.   Interpretation

   (1) In this Act unless the context otherwise requires–

   "administrator" includes an executor;

   "appeal" means an appeal against a decree, order, award, judgment or decision passed, delivered or made in a proceeding of a civil nature;

   "application" means an application made to a court, which is of, or in relation to any proceeding of, a civil nature;

   "arbitration" means an arbitration on a submission or under any written law;

   "assurance" includes conveyance, assignment, transfer, lease, mortgage and charge and any other disposition of land otherwise than by will or under intestacy;

   "award" means an award of an arbitrator;

   "contract" shall have the meaning assigned to that expression by the Law of Contract Act * and includes bailment, quasi-contract, and, where the customary law applies, any arrangement which, under the customary law, is enforceable as a contract;

   "estate or interest in land" shall not include an easement;

   "fraud" includes conduct which, having regard to some special relationship between the parties concerned, is an unconscionable thing for the one to do towards the other;

   "Government" includes a local government authority;

   "land" means immovable property or the proceeds of the sale of immovable property but does not include an easement or a debt secured on immovable property by mortgage;

   "Minister" means the Minister for the time being responsible for legal affairs;

   "minor" means a person who has not attained the apparent age of eighteen years;

   "mortgage" includes charge, and, where the customary law applies, any arrangement under the customary law which has similar effect and incidents as a mortgage;

   "penalty" does not include a fine imposed on a person convicted of a criminal offence;

   "proceeding" means a suit, an appeal or an application, and includes proceedings under customary law;

   "public land" means any land which is not held, or deemed by the provisions of the Government Leaseholds (Conversion to Rights of Occupancy) Act * to be held, under a right of occupancy, or under customary law, or under the provisions of section 5 of the Customary Leaseholds (Enfranchisement) Act *;

   "right of occupancy" shall have the meaning assigned to that expression in the Land Act * and shall include any right of occupancy created by the Government Leaseholds (Conversion to Rights of Occupancy) Act *;

   "suit" means any proceeding of a civil nature instituted in any court but does not include an appeal or application;

   "tax" means any tax, duty, cess, levy, surtax or imposition payable under any written law;

   "tort" includes devastation and, where the customary law applies, any wrong which gives rise to a suit for damages under the customary law;

   "trust" includes a wake and any arrangement under the customary law which is in the nature of a trust.

   (2) For the purposes of this Act–

   (a)   proceedings by or against the Government include proceedings by or against any public department or public officer as such;

   (b)   a person is under a disability while he is a minor or of unsound mind; and, without prejudice to the generality of the foregoing, a person is conclusively presumed to be of unsound mind while he is detained in pursuance of some written law authorising the detention of persons of unsound mind or criminal lunatics;

   (c)   a person claims through another person where he becomes entitled to the right claimed by, through or under an act of that other person or by operation of law:

          Provided that a person becoming entitled to an estate by virtue of a special power of appointment shall be deemed not to claim through the appointer;

   (d)   a thing shall be deemed not to have been done in good faith if it was done without due care and attention.

   (3) References in this Act to a right of action to recover land include, save where it is otherwise provided, references to a right to enter into possession of the land, and references to the bringing of an action in respect of such a right of action include references to the making of such an entry.

   (4) References in this Act to a right of action include references to a cause of action and to a right to receive money secured by mortgage on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the movable estate of a deceased person; and in relation to an appeal or application the term "right of action" means the right to prefer such appeal or make such application.

   (5) The time during which a company incorporated under the Companies Act * has been struck off the register and dissolved under the provisions of that Act shall not be excluded in the computation of time for the purposes of this Act.

PART II
LIMITATION OF ACTIONS (ss 3-4)

3.   Dismissal of proceedings instituted after period of limitation

   (1) Subject to the provisions of this Act, every proceeding described in the first column of the Schedule to this Act and which is instituted after the period of limitation prescribed therefor opposite thereto in the second column, shall be dismissed whether or not limitation has been set up as a defence.

   (2) For the purposes of this section a proceeding is instituted–

   (a)   in the case of a suit, when the plaint is presented to the court having jurisdiction to entertain the suit, or in the case of a suit before a primary court, when the complaint is made or such other action is taken as is prescribed by any written law for the commencement of a suit in a primary court;

   (b)   in the case of an appeal, when the appeal is preferred either by filing a memorandum of appeal or in such other manner as may be prescribed by any written law;

   (c)   in the case of an application, when the application is made.

   (3) Where, after the institution of a proceeding, a person is made a party thereto, either as a plaintiff, defendant, appellant, applicant or respondent, the proceeding, shall, as regards him, be deemed to have been instituted on the date on which he is made a party.

   (4) Nothing in subsection (3) shall apply to a case where a party is added or substituted by reason of an assignment or devolution of any interest during the pendency of a suit, or where a plaintiff is made a defendant or a defendant is made a plaintiff, or an appellant is made a respondent or a respondent is made an appellant, or an applicant is made a respondent or a respondent is made an applicant.

4.   Commencement of period of limitation

   The 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 (ss 5-13)

5.   Accrual of rights of action

   Subject 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 cases

   For the purposes of this Act–

   (a)   in the case of a suit for an account, the right of action shall be deemed to have accrued on the date on which the last transaction relating to the matter in respect of which the account is claimed took place;

   (b)   in the case of a suit by a person against whom an order has been made under the Civil Procedure Code *

      (i)   on an objection proceeding following attachment of property in execution of a decree; or

      (ii)   on an application by the holder of a decree for the possession of immovable property or by the purchaser of such property sold in execution of a decree, complaining of resistance or obstruction to the delivery or possession thereof, or upon an application by any person dispossessed of such property in the delivery of possession thereof to the decree holder or purchaser,

      to establish the right which he claims to the property comprised in the order, shall be deemed to have accrued on the date on which the order was made;

   (c)   in the case of a suit upon a judgment, the right of action shall be deemed to have accrued on the date on which the judgment was delivered;

   (d)   in the case of a suit for malicious prosecution, the right of action shall be deemed to have accrued on the date on which the plaintiff was acquitted or the prosecution was otherwise terminated;

   (e)   in the case of a suit for compensation for a wrong which does not give rise to a cause of action unless some specific injury actually results therefrom, the right of action shall accrue on the date when an injury results from such wrong;

   (f)   in the case of a suit for damages for inducing a person to break a contract, the right of action shall be deemed to have accrued on the date of the breach;

   (g)   in the case of a suit on a bill of exchange payable on demand and not accompanied by any writing restraining or postponing the right to sue, the right of action shall be deemed to have accrued on the date of the bill of exchange;

   (h)   in the case of a suit for the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the right of action shall accrue on the last day of the year in which the last item admitted or proved is entered in the account;

   (i)   in the case of a suit for the cancellation or setting aside of an instrument or for the rescission of a contract, the right of action shall accrue when the facts entitling the person to have the instrument cancelled or set aside or, as the case may be, to have the contract rescinded, first became known to him;

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