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Limitation Act 1997

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No. 8 of 1997.

[ L.S. I

I Assent,

Limitation Act 1997. 1 ANTIGUA


J-ph Myers,
Governor-General's Deputy.

1 lth March, 1997.


1997, No. 8

AN ACT to make provision for the limitation of actions.
[ 12th June, 1997 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -



1. This Act my be cited as the Limitation Act 1997. Short title.

2. (1) In this Act -

"action" includes my proceedings in a court of law; Interpretation.

"lmd" includes corporeal hereditaments, rent charges and
any legal or equitable estate or inte~st therein, including an
interest in the proceeds sf the sale of h d held on n s t for
sale,butexcept as provided above in this definition doesnot
include any incorporeal hereditament;

"pegonal estate" and "personal property" do not include
cktteh real;

ANTIGUA 2 Limitation Act 1997 No. 8 of 1997.


"personal injuries" includes any disease and any impairment of
a person's physical or mental condition, and "injury" and cognate
expressions shall be construed accordingly;

"rent" includes a rentcharge and a rentservice;

"rentcharge" means any annuity or periodical sum of money
charged upon or payable out of land, except a rentservice or
interest on a mortgage on land.

(2) For the purposes of this Act a person is under a disability
while he is an infant, or of unsound mind.

(3) For the purposes of subsection (2) a person is of unsound
mind if he is a person who, by reason of being of unsound mind
within the meaning of the Mental Treatment Act (Cap 274) is
incapable of managing and administering his property and affairs.

(4) Without prejudice to the generality of subsection (3), a
person shall be conclusively presumed for the purposes of
subsection (2) to be of unsound mind -

(a) while he is liable to be detained under the Mental
Treatment Act; and

(b) while he is receiving treatment as an inpatient in any
mental hospital or licensed house within the meaning
of that Act without being liable to be detained under
that Act, being treatment which follows without any
interval a period during which he was liable to be
detained under that Act.

(5) Subject to subsection (6), aperson shallbe deemed to claim
through another person if he became entitled by, through, under,
or by the act of that other person to the right claimed.

(6) A person becoming entitled to any estate or interest by
virtue of a special power of appointment shall not be deemed to
claim through the appointor.

(7) References in this Act to a right of action to recover land
include references to a right to enter into pcssession of thz land
or, in the case of rentcharges, to distrain for arrears of rent, md
references to the bringing of such an action include references t~
the making of such an entry or distress.

No. 8 of 1997. Limitation Act 1997. 3 ANTIGUA


(8) References in this Act to the possession of land shall, in the
case of rentcharges, be construed as references to the receipt of
rent, and references to the date of dispossession or discontinuance
ofpossession shallbeconstruedas references to the date of the last
receipt of rent.

(9) References in Part111 to aright of action include references

(a) a cause of action;

(b) a right to receive money secured by a mortgage or
charge on any property;

(c) a right to recover proceeds of the sale of land; and

(d) a right to receive a share or interest in the personal
estate of a deceased person.

(10) References in Part 111 to the date of the accrual of a right
of action be construed -

(a) in the case of an action upon ajudgment, as references
to the date on which the judgment became
enforceable: and

(b) in the case of an action to recover arrears of rent or
interest, or damages in respect of arrears of rent or
interest, as references to the date on which the rent or
interest became due.



3. (1) This Part gives the ordinary time limits for bringing Time limits under
actionsof thevariousclassesmentionedin the following provisions. :'t;>;t to

exclusion under

(2) The ordinary time limits given in this Part are subject to P& 'I1.
extension or exclusion in accordance with the provisions of Part III.

4. An action founded on tort shall not be brought after the Time limit for
expiration of six years from the date on which the c a b of action ;t iry m e d .

ANTIGUA 4 Limitation Act 1997 No. 8 of 1997.


Time limit in case 5. (1) Where any cause of action in respect of the conversion of
of successive
conversions and a chattel has accrued to any person and, before he recovers
extinction of title possession of the chattel, a further conversion takes place, no action
of owner of shall be brought in respect of the further conversion after the
converted goods. expiration of six years from the accrual of the cause of action in

respect of the original conversion.

(2) Where any such cause of action has accrued to any person and
the veriadurescribed forbringing that action has exuired and he has