Chapter 007:02 - Limitation

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L.R.O. 1/2012
LAWS OF GUYANA
LIMITATION ACT
CHAPTER 7:02
Act
1 of 1856
Amended by
27 of 1918 54 of 1952 43 of 1955




1 – 7 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 7:02
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Action on bill of exchange, etc.
4. Action by ward against guardian.
5. Action against executor, etc.
6. Action for movable property, salary or goods.
7. Action for wages.
8. Action for damages (except for libel and slander).
9. Action for libel or slander.
10 Fresh accrual of action on acknowledgement or part payment.
11. Right of heir, etc., to bring action in case of a person entitled dying.
12. (1) Time not to run in certain cases of absence, or disability from
minority, coverture, insanity, etc.
(2) Running of limitation when begun.
13. Effect on term of limitation of judgment for defendant in action.
14. Application of the Act to set-off and counter-claim.
15. Non-application of the Act to certain matters and things specified.
__________________________ 1929 Ed.
c. 184
1953 Ed.
c. 26 _______________________________________________________
1 of 1856 An Act to alter and amend the Laws relating to the
Prescription of certain Actions and Claims.
[24th SEPTEMBER, 1856]
Short title.
1. This Act may be cited as the Limitation Act.
LIMITATION ACT
LAWS OF GUYANA
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Interpretation.
Action on bill of
exchange, etc.
Action by ward
against
guardian.
Action against
executor, etc.
Action for
movable
property, salary
or goods.
Action for
wages.
[43 of 1955]
Action for
damages
(except for libel
and slander).
2. In this Act, the word “writing” means any
document wholly written, or wholly printed, or partly written
and partly printed.
3. Every action and suit upon any bill of exchange,
promissory note, or other writing not relating to lands or
immovable property or the produce thereof, shall be brought
within six years next after the time at which the amount
claimed in respect of that bill, note, or other writing has
become due.
4. Every action and suit by any ward against his
guardian shall be brought within six years next after the time
when the ward has attained majority.
5. Every action and suit against any executor,
attorney, or agent, to render accounts, shall be brought within
four years next after the time when the executor, attorney, or
agent has ceased to act in that capacity.
6. Every action and suit for any movable property, or
upon any contract, bargain, or agreement relating to movable
property, or to recover money lent without written
acknowledgement or upon any account or book debt, or to
recover any salary or the value of any goods sold and
delivered, shall be brought within three years next after the
cause of action or suit has arisen.
7. Every action and suit for the wages of labourers,
artisans, or servants shall be brought within six years next
after the time when the wages have become due.
8. Every action and suit for any illegal or excessive
levy, injury to property, whether movable or immovable,
assault, battery, wounding or false imprisonment, and every
other action or suit in which damages may be recovered (save
and except for libel or slander) shall be brought within three
years next after the cause of action or suit has arisen.
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Action for libel
or slander.
Fresh accrual of
action on
acknowledge-
ment or part
payment.
[54 of 1952]
9. Every action and suit for any libel or slander shall
be brought within one year next after the libel is published or
the words are spoken.
10. (1) Where any right of action has accrued to
recover any debt or other liquidated pecuniary claim, and the
person liable or accountable therefor acknowledges the claim
or makes any payment in respect thereof the right shall be
deemed to have accrued on and not before the date of the
acknowledgement or the last payment.
(2) Every such acknowledgement as aforesaid
shall be in writing and signed by the person making the
acknowledgement.
(3) Any such acknowledgement or payment as
aforesaid may be made by the agent duly authorised in
writing of the person by whom it is required to be made
under this section, and shall be made to the person or to an
agent of the person whose claim is being acknowledged or in
respect of whose claim the payment is being made.
(4) An acknowledgement of any debt or other
liquidated pecuniary claim shall bind the acknowledgor and
his successors but not any other person.
(5) A payment made in respect of any debt or
other liquidated pecuniary claim shall bind all persons liable
in respect thereof:
Provided that a payment made after the expiration of the
period of limitation prescribed for the bringing of an action to
recover the debt or other claim shall not bind any person
other than the person making the payment and his successors.
(6) In this section the expression “successor” in
relation to any person liable in respect of any debt or claim
means his personal representative and any other person on
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Right of heir,
etc., to bring
action in case of
a person
entitled dying.
[54 of 1952]
Time not to run
in certain cases
of absence, or
disability from
minority,
coverture,
insanity, etc.
Running of
limitation when
begun.
whom the liability in respect of the debt or claim devolves,
whether on death or insolvency or the disposition of property
or otherwise.
11. (1) Where there has accrued to the personal
representative of the estate of a deceased person any right of
action, before the expiration of a period of limitation, the
action may be brought at any time before the expiration of
one year from the date when such person died,
notwithstanding that the period of limitation has expired.
(2) Where any right of action has accrued
against any person who dies before the expiration of a period
of limitation, the action may be brought against his personal
representative if the liability devolves on such representative,
at any time before the expiration of one year from the date of
the grant of probate or letters of administration,
notwithstanding that the period of limitation has expired.
12. (1) With respect to the terms of limitation
provided by this Act for actions or suits, if, at the time of the
right of action of suit accruing, the defendant is absent
without ever having been in Guyana, or without ever having
had an attorney or agent to represent him therein, or if, by
reason of the minority, or coverture, or insanity of the
plaintiff or of the defendant, or if, by reason of any Act in
force in Guyana forbidding actions or suits in certain
circumstances, either party is disabled from bringing or
defending the action or suit, the period of limitation of the
action or suit shall begin to run in every such case from the
time when that absence from Guyana or that disability has
ceased.
(2) When the absence or disability has ceased, and
the term of limitation has thereupon commenced to run, no
new absence or other disability shall be allowed to prevent
that term from being completed.

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Effect on term
of limitation of
judgment for
defendant in
action.

Application of
the Act to set-
off and
counter-claim.
[54 of 1952]
Non-
application of
the Act to
certain matters
and things
specified.
13. If any action or suit hereinbefore specified is
brought within the term of limitation in that behalf limited,
and judgment therein is given for the defendant, the period
during which that action or suit is pending shall not be
reckoned as forming part of the term of limitation .
14. For 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
action in which the set-off or counter-claim is pleaded.
15. Nothing in this Act shall in any way affect the
rights of the State or apply or extend to—
(a) any right, title, or interest, to or in
lands or immovable property; or
(b) any servitude or easement; or
(c) any mortgage, whether written, tacit
or legal; or
(d) any judgment; or
(e) any bond, bill, note, or other evidence
of debt issued by any bank,
corporation or by or on behalf of the
Government; or
(f) any claim now or hereafter to be filed
against the proceeds of any estate in
the registry of the Supreme Court; or
to any balance of any closed estate, or
to any unclaimed dividend, now or
hereafter to be deposited in the
Treasury.
__________________
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