Limitation Act


Published: 1995-08-31

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Limitation Act
LIMITATION [CH.83 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

LIMITATION
CHAPTER 83

LIMITATION

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY


1. Short title.
2. Interpretation.
3. References.

PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF

ACTION

4. Part II to be subject to provisions of Part III.



Actions of Contract and Tort and Certain Other Actions

5. Limitation of actions of contract and tort, and certain other actions.
6. Limitation in case of successive conversions and extinction of title of

owner of chattels.
7. Special time limit in case of stealing.
8. Contribution between tortfeasors.



Actions for Damages in respect of Personal Injuries and Actions under the
Fatal Accidents Act


9. Time limit for personal injuries.
10. Date of knowledge, etc., in section 9.
11. Time limit for actions under the Fatal Accidents Act.
12. Persons acting in execution of statutory and other public duties.



Actions in respect of Latent Damage not Involving Personal Injuries

13. Special time limit for negligence actions where facts relevant to

cause of action are not known at date of accrual.
14. Overriding time limit for negligence actions not involving personal

injuries.
15. Accrual of cause of action to successive owners in respect of latent

damage to property.

CH.83 – 2] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Actions to Recover Land and Rent

16. Limitation of actions to recover land.
17. Accrual of right of action in case of present interests in land.
18. Accrual of right of action in case of future interests in land.
19. Possession of one or more co-parceners, etc., not to be possession of others.
20. Equitable interests in land.
21. Land held upon trust.
22. Accrual of right of action in case of forfeiture or breach of condition.
23. Accrual of right of action in case of certain tenancies.
24. Right of action not to accrue or continue unless there is adverse possession.
25. Vesting of estate or interest in adverse possessor.
26. Vesting of leasehold to have effect of assignment in certain circumstances.
27. Cure of defective disentailing assurance.
28. Limitation of redemption actions.
29. No right of a action to be preserved by formal entry or continual claim.
30. Administration to date back to death.



Action to Recover Money Secured by a Mortgage or Charge or to
Recover Proceeds of the Sale of Land


31. Limitation of actions to recover rent.
32. Limitation of actions to recover money secured by a mortgage or charge or to recover

proceeds of the sale of land.


Actions in respect of Trust Property or the Personal Estate of Deceased
Persons and Actions for an Account


33. Limitation of actions in respect of trust property.
34. Limitation of actions claiming personal estate of a deceased person.
35. Action of an account.

PART III
EXTENSION OF LIMITATION PERIODS IN CASE OF

DISABILITY, ACKNOWLEDGEMENT,
PART PAYMENT, FRAUD AND MISTAKE


36. Extension of limitation period in case of disability.
37. Extension for cases where the limitation period is the period under section 13(4)(b).



Acknowledgement and Part Payment

38. Fresh accrual of action on acknowledgement or part payment.
39. Formal provisions as to acknowledgements and part payments.

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Fraud, Mistake and Deliberate Concealment

40. Effect of acknowledgement or part payment on persons other than

the maker or recipient.
41. Postponement of limitation period in case of fraud, mistake or

concealment.
PART IV

GENERAL
42. Application of Act and other limitation written laws to arbitrations.
43. Provisions as to set-off or counterclaim.
44. Acquiescence.
45. Application to the Crown.
46. Saving for other limitation written laws.

CH.83 – 4] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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CHAPTER 83

LIMITATION
An Act to consolidate with amendments certain written

laws relating to the limitation of actions and for connected
purposes.

[Assent 28th March, 1995]
[Commencement 31st August, 1995]

PART I
PRELIMINARY

1. This Act may be cited as the Limitation Act, 1995.
2. (1) In this Act —
“action” includes any proceedings in a court of law;
“equitable interest” means, in relation to land, any

estate, interest or charge in or over land
(including a rentcharge but not any other
incorporeal hereditament) taking effect in equity;

“foreshore” means the shore and bed of the sea of any
tidal water, below the line of the medium high
tide between the spring tides and the neap tides;

“land” includes incorporeal hereditaments,
rentcharges and any legal or equitable estate or
interest therein, including an interest in the
proceeds of the sale of land held upon trust for
sale, but save as aforesaid does not include any
incorporeal hereditament;

“legal estate” means, in relation to land, any estate,
interest or charge in or over land (including a
rentcharge but not any other incorporeal hered-
itament) subsisting at law;

“personal estate”, and “personal property” do not
include chattels real;

9 of 1995

Short title.

Interpretation.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“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 or
on any other charge on land;

“submission” has the same meaning as in section 25
of the Arbitration Act;

“trust” and “trustee” extend to implied and constructive
trusts including cases where the trustee has a
beneficial interest in the trust property and where
the context so admits, the words include a
personal representative and the duties incident to
that office but “trust” does not include the duties
incident to an estate conveyed by way of
mortgage.

(2) For the purposes of this Act, a person shall be
deemed to be under a disability while that person is an
infant or of unsound mind.

(3) For the purposes of subsection (2), but without
prejudice to the generality thereof, a person shall
conclusively presumed to be of unsound mind —

(a) while that person is liable to be detained or
subject to guardianship under the Mental Health
Act or under the provisions of any other Act
relating to the detention of persons suffering
from mental disorder; and

(b) while that person is receiving treatment as an in-
patient in any hospital within the meaning of the
Mental Health Act without being liable to be
detained thereunder, being treatment which
follows without any interval a period during
which the person was liable to be detained or
subject to guardianship under that Act or by
virtue of any written law repealed or excluded by
that Act.

Ch. 180.

Ch. 230.

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(4) A person shall be deemed to claim through
another person if the person become entitled by, through
under or by the act of that other person to the right claimed
and any person whose estate or interest might have been
barred by a person entitled to an entailed estate of interest
in possession shall be deemed to claim through the person
so entitled:

Provided that 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.

3. (1) References in this Act to a right of action to
recover land shall include references to a right to enter into
possession of the land, or in the case of rentcharges, to
distrain for arrears of rent and references to the bringing of
such an action shall include references to the making of
such an entry or distress.

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

(3) In Part III of this Act and in section 47
references to a right of action shall include references to a
cause of action and to a right to receive money secured by
a mortgage or charge on any property or to recover the
proceeds of the sale of land, and to a right to receive a
share or interest in the personal estate of a deceased
person; and reference to the date of the accrual of a right of
action shall —

(a) in the case of an action upon a judgment, be
construed as references to the date on which the
judgment became enforceable;

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

(c) in the case of an action for an account, be
construed as references to the date on which the
matter arose in respect of which an account is
claimed.

References.

CH.83 – 8] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART II
PERIODS OF LIMITATION FOR DIFFERENT

CLASSES OF ACTION
4. The provisions of this Part shall have effect

subject to the provisions of Part III which provide for the
extension or postponement of the periods of limitation in
the case of disability, acknowledgement, part payment,
fraud, concealment and mistake.

Actions of Contract and Tort and Certain Other Actions
5. (1) The following actions shall not be brought after

the expiry of six years from the date on which the cause of
action accrued, that is to say —

(a) actions founded on simple contract (including
quasi contract) or on tort;

(b) actions to enforce the award of an arbitrator
where the submission is not by an instrument
under seal;

(c) actions to recover any sum recoverable by virtue
of any written law;

(d) actions to enforce a recognisance.
(2) An action upon an instrument under seal shall not

be brought after the expiry of twelve years from the date on
which the cause of action accrued:

Provided that this subsection shall not affect any
action for which a shorter period of limitation is prescribed
by any other provision of this Act.

(3) An action shall not be brought upon any judgment
after the expiry of six years from the date on which the
judgment became enforceable, and no arrears of interest in
respect of any judgment debt shall be recovered after the
expiry of six years from the date on which the interest
became due.

Part II to be
subject to
provisions of
Part III.

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

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(4) This section shall not apply to any claim for
specific performance of a contract or for an injunction or
for other equitable relief, except in so far as any provision
thereof may be applied by the court by analogy in like
manner as the corresponding written law repealed by this
Act has heretofore been applied.

(5) This section shall not apply to any action to which
section 9 or 12 applies or to an action under the Fatal
Accidents Act.

6. (1) Where any cause of action in respect of the
conversion or wrongful detention of a chattel has accrued
to any person and, before that person recovers possession
of the chattel, a further conversion or wrongful detention
takes place, no action shall be brought in respect of the
further conversion or detention after the expiry of six years
from the accrual of the cause of action in respect of the
original conversion or detention.

(2) Where in any such case an action has accrued to
any person and the period prescribed for bringing that
action and for bringing any action in respect of such a
further conversion or wrongful detention as aforesaid has
expired and that person has not during that period
recovered possession of the chattel, the title of that person
to the chattel shall be extinguished.

7. (1) The right of any person from whom a
chattel is stolen to bring an action in respect of the
stealing shall not be subject to the time limits under
section 5 and subsection (1) of section 6 but if that
person’s title to the chattel is extinguished under
subsection (2) of section 6 such person may not bring an
action in respect of a stealing preceding the loss of title,
unless the stealing in question preceded the conversion
from which time began to run for the purposes of
subsection (2) of section 6.

(2) Subsection (1) shall apply to any conversion
related to the stealing of a chattel as it applies to the
stealing of a chattel and, except as provided below, every
conversion following the stealing of a chattel before the
person from whom it is stolen recovers possession of it
shall be regarded for the purposes of this section as related
to the stealing, but if anyone purchases the stolen chattel in
good faith neither the purchase nor any conversion
following it shall be regarded as related to the stealing.

Ch. 71.

Limitation in
case of
successive
conversions and
extinction of title
of owner of
chattels.

Special time limit
in case of
stealing.

CH.83 – 10] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Any cause of action accruing in respect of the
stealing or any conversion related to the stealing of a
chattel to any person from whom the chattel is stolen shall
be disregarded for the purpose of applying subsection (1)
or (2) of section 6 to his case.

(4) Where in any action brought in respect of the
conversion of a chattel it is proved that the chattel was
stolen from the plaintiff or anyone through whom the
plaintiff claims, it shall be presumed that any conversion
following the stealing is related to the stealing unless the
contrary is shown.

(5) In this section “stealing” includes —
(a) any conduct outside The Bahamas which would

be stealing if committed in The Bahamas; and
(b) obtaining any chattel (in The Bahamas or

elsewhere) by false pretences within the meaning
of section 57 of the Penal Code,

and references in this section to a chattel being “stolen”
shall be construed accordingly.

8. (1) Where under any law a tortfeasor (in this
section referred to as “the first tortfeasor”) becomes
entitled to recover contribution in respect of any damage
from another tortfeasor, no action to recover contribution
by virtue of that right shall be brought after the end of the
period of two years from the date on which that right
accrued to the first tortfeasor.

(2) For the purposes of this section, the date on which
a right to recover contribution in respect of any damage
accrues to a tortfeasor (in this section referred to as “the
relevant date”) is as follows —

(a) if the tortfeasor is held liable in respect of the
damage by a judgment given in civil proceedings
or an award made on an arbitration, the relevant
date is the date on which the judgment is given or
the date of the award, as the case may be;

(b) if, in any case not falling within paragraph (a),
the tortfeasor admits liability in favour of one or
more persons in respect of the damage, the
relevant date is the earliest date on which the
amount to be paid in discharge of that liability is
agreed by or on behalf of the tortfeasor and that
person or each of those persons, as the case may
be,

Ch. 84.

Contribution
between
tortfeasors.

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and for the purposes of this subsection no account shall be
taken of any judgment or award given or made on appeal in
so far as it varies the amount of damages awarded against
the tortfeasor.

Actions for Damages in respect of Personal Injuries and
Actions under the Fatal Accidents Act

9. (1) Subject to subsection (6), this section shall
apply to any action for damages for negligence, nuisance
or breach of duty (whether the duty exists by virtue of a
contract or of provision made by any written law 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 the
plaintiff or any other person.

(2) Subject to subsection (3), an action to which
this section applies shall not be brought after the expiry of
three years from —

(a) the date on which the cause of action accrued; or
(b) the date (if later) of the plaintiff’s knowledge.
(3) If the person injured dies before the expiry of the

period prescribed by subsection (2), the period as regards
the cause of action surviving for the benefit of the estate of
the deceased shall be three years from —

(a) the date of death; or
(b) the date of the personal representative’s know-

ledge,
whichever is the later.

(4) For the purposes of this section, “personal
representative” includes any person who is or has been a
personal representative of the deceased and regard shall be
had to any knowledge acquired by any such person while a
personal representative or previously.

(5) If there is more than one personal representative
and their dates of knowledge are different, subsection (3)
shall be read as referring to the earliest of those dates.

Time limit for
personal injuries.

CH.83 – 12] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) This section shall not apply to an action to which
section 12 applies or to an action under the Fatal Accidents
Act.

10. (1) In section 9, references to a person’s date of
knowledge are references to the date on which that person
first had knowledge of the following facts —

(a) that the injury in question was significant;
(b) that the injury was attributable in whole or in part

to the act or omission which is alleged to
constitute negligence, nuisance or breach of duty;

(c) the identity of the defendant; and
(d) if it is alleged that the act or omission was that

of a person other than the defendant, the identity
of that person and the additional facts supporting
the bringing of an action against the defendant,

and knowledge that any acts or omissions did or did not, as
a matter of law, involve negligence, nuisance or breach of
duty is irrelevant.

(2) For the purposes of this section, an injury is
significant if the plaintiff would reasonably have
considered it sufficiently serious to justify the institution of
proceedings against a defendant who did not dispute
liability and was able to satisfy a judgment.

(3) For the purposes of this section, a person’s
knowledge includes knowledge which such person might
reasonably be expected to acquire —

(a) from facts observable or ascertainable by such
person; or

(b) from facts ascertainable by such person with the
help of such medical or other expert advice as it
is reasonable, in the circumstances, to seek,

but there shall not be attributed to a person by virtue of this
subsection knowledge of a fact ascertainable only with the
help of expert advice so long as the person has taken all
reasonable steps to obtain (and where appropriate to act on)
that advice.

Ch. 71.

Date of
knowledge, etc.,
in section 9.

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11. (1) An action under the Fatal Accidents Act
shall not be brought if the death occurred when the person
injured could no longer maintain an action and recover
damages in respect of the injury, (whether because of a
time limit in this Act or in any other written law or for any
other reason).

(2) An action under the Fatal Accidents Act shall not
be brought after the expiry of three years from the date of
death of the deceased.

(3) Subsection (2) shall not apply to an action for
which a period of limitation is prescribed by or under any
written law other than this Act.

(4) Section 36 shall apply to an action under the Fatal
Accidents Act but otherwise Part III and Part IV shall not
apply to such an action.

12. (1) Where any action, prosecution or other
proceeding is commenced against any person for any act
done in pursuance or execution or intended execution of
any written law or of any public duty or authority or in
respect of any alleged neglect or default in the execution of
any such written law, duty or authority the provisions of
subsection (2) shall have effect.

(2) The action, prosecution or proceeding shall not
lie or be instituted unless it is commenced within twelve
months next after the act, neglect or default complained of
or in the case of a continuance of injury or damage within
twelve months next after the ceasing thereof.

Actions in respect of Latent Damage not Involving
Personal Injuries

13. (1) This section shall apply to any action for
damages for negligence, other than one to which section 11
or 12 applies, where the starting date for reckoning the
period of limitation under subsection (4)(b) falls after the
date on which the cause of action accrued.

(2) Section 5 shall not apply to an action founded on
tort to which this section applies.

Time limit for
actions under the
Fatal Accidents
Act.

Ch. 71.

Persons acting in
execution of
statutory and
other public
duties.

Special time limit
for negligence
actions where
facts relevant to
cause of action
are not known at
date of accrual.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) An action to which this section applies shall not
be brought after the expiry of the period applicable in
accordance with subsection (4).

(4) Such period as aforesaid is either —
(a) six years from the date on which the cause of

action accrued; or
(b) three years from the starting date as defined by

subsection (5), if that period expires later than
the period mentioned in paragraph (a).

(5) For the purposes of this section, the starting date
for reckoning the period of limitation under subsection
(4)(b) is the earliest date on which the plaintiff or any
person in whom the cause of action had earlier vested had
both the knowledge required for bringing an action for
damages in respect of the relevant damage and a right to
bring such an action.

(6) In subsection (5), “the knowledge required for
bringing an action for damages in respect of the relevant
damage” means knowledge both —

(a) of the material facts about the damage in respect
of which damages are claimed; and

(b) of the other facts relevant to the current action
mentioned in subsection (8).

(7) For the purposes of subsection (6)(a), the material
facts about the damage are such facts about the damage as
would lead a reasonable person who had suffered such
damage to consider it sufficiently serious to justify the
institution of proceedings for damages against a defendant
who did not dispute liability and was able to satisfy a
judgment.

(8) The other facts referred to in subsection (6)(b)
are —

(a) that the damage was attributable in whole or in
part to the act or omission which is alleged to
constitute negligence;

(b) the identity of the defendant; and
(c) if it is alleged that the act or omission was that

of a person other than the defendant the identity
of that person and the additional facts supporting
the bringing of an action against the defendant.

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(9) Knowledge that any acts or omissions did or did
not, as a matter of law, involve negligence is irrelevant for
the purposes of subsection (5).

(10) For the purposes of this section and section 15, a
person’s knowledge includes knowledge which such person
might reasonably have been expected to acquire —

(a) from facts observable or ascertainable by such
person; or

(b) from facts ascertainable by such person with the
help of appropriate expert advice which it is
reasonable, in the circumstances, to seek,

but a person shall not be taken by virtue of this subsection
to have knowledge of a fact ascertainable only with the
help of expert advice so long as that person has taken all
reasonable steps to obtain (and, where appropriate, to act
on) that advice.

14. (1) An action for damages for negligence, other
than one to which section 11 or 12 applies, shall not be
brought after the expiration of fifteen years from the date
(or, if more than one, from the last of the dates) on which
there occurred any act or omission —

(a) which is alleged to constitute negligence; and
(b) to which the damage in respect of which damages

are claimed is alleged to be attributable (in whole
or in part).

(2) This section bars the right of action in a case to
which subsection (1) applies notwithstanding that —

(a) the cause of action has not yet accrued; or
(b) where section 13 applies to the action, the date

which is for the purposes of that section the
starting date for reckoning the period mentioned
in subsection (4)(b) of that section has not yet
occurred,

before the end of the period of limitation prescribed by this
section.

Overriding time
limit for
negligence
actions not
involving
personal injuries.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

15. (1) Subject to the following provisions of this
section where —

(a) a cause of action (“the original cause of action”)
has accrued to any person in respect of any
negligence to which damage to any property in
which that person has an interest is attributable
(in whole or on part); and

(b) another person acquires an interest in that
property after the date on which the original
cause of action accrued but before the material
facts about the damage have become known to
any person who, at the time when that person
first has knowledge of those facts, has any
interest in the property,

a fresh cause of action in respect of that negligence shall
accrue to that other person on the date on which that other
person acquires his interest in the property.

(2) A cause of action accruing to any person by virtue
of subsection (1) —

(a) shall be treated as if based on breach of a duty of
care at common law owed to the person to whom
it accrues; and

(b) shall be treated for the purposes of section 13 as
having accrued on the date on which the original
cause of action accrued.

(3) Section 36 shall not apply in relation to any such
cause of action.

(4) Subsection (1) shall not apply in any case where
the person acquiring an interest in the damaged property is
either —

(a) a person in whom the original cause of action
vests by operation of law; or

(b) a person in whom the interest in that property
vests by virtue of any order made by a court
under section 204 of the Companies Act.

(5) For the purposes of subsection (1)(b) the
material facts about the damage are such facts about the
damage as would lead a reasonable person who has an
interest in the damaged property at the time when those
facts became known to that person to consider it
sufficiently serious to justify the institution of proceedings
for damages against a defendant who did not dispute
liability and was able to satisfy a judgment.

Accrual of cause
of action to
successive
owners
in respect of
latent damage to
property.

Ch. 308.

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(6) This section shall bind the Crown, but as regards
the Crown’s liability in tort shall not bind the Crown
further than the Crown is made liable in tort by the Crown
Proceedings Act.

Actions to Recover Land and Rent
16. (1) Subject to subsection (2), no action shall be

brought by the Crown to recover any land after the expiry
of thirty years from the date on which the right of action
accrued to the Crown or, if it first accrued to some person
through whom the Crown claims, to that person:

Provided that the time for bringing an action to which
the provisions of this section apply in respect of a cause of
action which has accrued before the commencement of this
Act, shall, if it has not then already expired, expire at the
time when it would have expired apart from those
provisions:

Provided further that the time when the cause of
action would have expired as aforesaid shall not exceed
thirty years from the date of commencement of this Act.

(2) An action to recover foreshore may be brought by
the Crown at any time before the expiry of sixty years from
the date of the accrual of the right of action, or of thirty
years from the date when the land ceased to be foreshore,
whichever period first expires.

(3) No action shall be brought by any person to
recover any land after the expiry of twelve years from the
date on which the right of action accrued to such person
or, if it first accrued to some other person through whom
such person claims, to that person:

Provided that, if the right of action first accrued to the
Crown and the person bringing the action claims through the
Crown, the action may be brought at any time before the
expiry of the period during which the action could have
been brought by the Crown or of twelve years from the date
on which the right of action accrued to some person other
than the Crown, whichever period first expires.

Ch. 68.

Limitation of
actions to recover
land.

CH.83 – 18] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

17. (1) Where the person bringing an action to
recover land, or some person through whom such person
claims, has been in possession thereof and has while entitled
thereto been dispossessed or discontinued possession, the
right of action shall be deemed to have accrued on the date
of the dispossession or discontinuance.

(2) Where any person brings an action to recover
any land of a deceased person, whether under a will or on
an intestacy, and the deceased person was on the date of
the death in possession of the land or; in the case of a
rentcharge created by will or taking effect upon the death,
in possession of the land charged, and was the last person
entitled to the land to be in possession thereof, the right of
action shall be deemed to have accrued on the date of the
death.

(3) Where any person brings an action to recover
land, being an estate or interest in possession assured
otherwise than by will to such person, or to some person
through whom such person claims, and the person making
the assurance was on the date when the assurance took
effect in possession of the land or, in the case of a
rentcharge created by the assurance, in possession of the
land charged and no person has been in possession of the
land by virtue of the assurance, the right of action shall be
deemed to have accrued on the date when the assurance
took effect.

18. (1) Subject as hereafter in this section provided,
the right of action to recover any land shall, in a case where
the estate or interest claimed was an estate or interest in
reversion or remainder or any other future estate or interest
and no person has taken possession of the land by virtue of
the estate or interest claimed, be deemed to have accrued
on the date on which the estate or interest fell into
possession by determination of the preceding estate or
interest.

(2) If the person entitled to the preceding estate or
interest, not being a leasehold term, was not in possession of
the land on the date of the determination thereof, no action
shall be brought by the person entitled to the succeeding
estate or interest after the expiry of twelve years
from the date on which the right of action accrued to the

Accrual of right
of action in case
of present
interests in land.

Accrual of right
of action in case
of future interests
in land.

LIMITATION [CH.83 – 19


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person entitled to the preceding estate or interest, or six
years from the date on which the right of action accrued to
the person entitled to the succeeding estate or interest,
whichever period last expires:

Provided that, where the Crown is entitled to the
succeeding estate or interest, the foregoing provisions of
this subsection shall have effect with the substitution for
the reference to twelve years of a reference to thirty years,
and for the reference to six years of a reference of twelve
years.

(3) Subsections (1) and (2) shall not apply to any
estate or interest which falls into possession on the
determination of an entailed estate or interest and which
might have been barred by the person entitled to the
entailed estate or interest.

(4) No person shall bring an action to recover any
estate or interest in land under an assurance taking effect
after the right of action to recover the land had accrued to
the person by whom the assurance was made or some
person through whom that person claimed or some person
entitled to a preceding estate or interest, unless the action is
brought within the period during which the person by
whom the assurance was made could have brought such an
action.

(5) Where any person is entitled to any estate or interest
in land in possession and, while so entitled, is also entitled to any
future estate or interest in that land, and that person’s right to
recover the estate or interest in possession is barred under this
Act, no action shall be brought by that person or by any person
claiming through that person, in respect of the future estate or
interest, unless in the meantime possession of the land has been
recovered by a person entitled to an intermediate estate or
interest.

19. Where one or more of several persons absolutely
entitled in possession to any land or rent as co-parceners,
joint tenants or tenants in common, is in possession or
receipt of the entirety or more than such person’s or their
undivided share or shares of such land or the profits
thereof, or such rent for such person’s or their own benefit,
or for the benefit of any persons other than the persons

Possession of one
or more co-
parceners, etc.,
not to be
possession of
others.

CH.83 – 20] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

absolutely entitled in possession to the other share or
shares of the same land or rent, such possession or receipt
shall not be deemed to be the possession of or receipt by
such last mentioned persons or any of them.

20. Subject to subsections (1) and (2) of section 33,
the provisions of this Act shall apply to equitable interests
in land, including interests in the proceeds of the sale of
land held upon trust for sale, in the like manner as they
apply to legal estates, and accordingly a right of action to
recover land shall, for the purposes of this Act but not
otherwise, be deemed to accrue to a person entitled in
possession to such an equitable estate or interest in the like
manner and circumstances and on the same date as it
would accrue if such person’s interest were a legal estate in
the land.

21. (1) Where any land is held upon trust, including
a trust for sale, and the period prescribed by this Act for the
bringing by the trustees of an action to recover the land has
expired, the estate of the trustees shall remain vested in
them if and so long as the right of action to recover the
land of any person entitled to a beneficial interest in the
land or in the proceeds of sale either has not accrued or had
not been barred by this Act; but if and when every such
right of action has been so barred the estate of the trustees
shall vest in the person who was in adverse possession of
the land at the expiry of the period aforesaid or in anyone
claiming through such person.

(2) Subsections (2) and (3) of section 25 and section
26 shall apply in relation to a leasehold estate vesting under
subsection (1) as they apply in relation to a leasehold estate
vesting under subsection (1) of section 25 and for that
purpose the references in the said subsection (2) of section
25 and in section 26 to subsection (1) of section 25 shall be
construed as references to subsection (1) of this section.

(3) Where any land is held upon trust, including a
trust for sale, an action to recover the land may be brought
by the trustees on behalf of any person entitled to a
beneficial interest in possession in the land or in the
proceeds of the sale whose right of action has nor been
barred by this Act, notwithstanding that the right of action
of the trustees would apart from this provision have been
so barred.

Equitable
interests in land.

Land held upon
trust.

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(4) Where any land held upon a trust for sale is in
the possession of a person entitled to a beneficial interest in
the land or in the proceeds of sale, not being a person
solely and absolutely entitled thereto, no right of action to
recover the land shall be deemed for the purposes of this
Act to accrue during such possession to any person in
whom the land is vested as trustee or to any other person
entitled to a beneficial interest in the land or in the
proceeds of sale.

22. (1) Subject to subsection (2), a 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
forfeiture was incurred or the condition broken.

(2) If a right of action to recover land by virtue of a
forfeiture or breach of condition has accrued to a person
entitled to an estate or interest in reversion or remainder
and the land has not been recovered by virtue of the
forfeiture or breach of condition, the right of action to
recover land shall be deemed to have accrued on the date
when the estate or interest fell into possession as if the
forfeiture or breach of condition had never occurred.

23. (1) A tenancy from year to year or other period,
without a lease in writing, shall, for the purposes of this
Act, be deemed be determined at the expiry of the first year
or other period, and accordingly the right of action of the
person entitled to the land subject to the tenancy shall be
deemed to have accrued at the date of such determination:

Provided that, where any rent has subsequently been
received in respect of the tenancy, the right of action shall
be deemed to have accrued on the date of the last receipt of
rent.

(2) Where any person is in possession of land by
virtue of a lease in writing by which a rent of not less than
fifty dollars a year is reserved, and the rent is received by
some person wrongfully claiming to be entitled to the land
in reversion immediately expectant on the determination of
the lease, and no rent is subsequently received by the
person rightfully so entitled, the right of action of the last-
named person to recover the land shall be deemed to have


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

Accrual of right
of action in case
of certain
tenancies.

CH.83 – 22] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

accrued at the date when the rent was first received by the
person wrongfully claiming as aforesaid and not at the date
of the determination of the lease:

Provided that in the case of a lease granted before the
commencement of this Act, this section shall have effect as
if for the words “fifty dollars” there were substituted the
words “five dollars”.

(3) A tenant at will shall, for the purposes of this
Act, be deemed to be determined at the expiry of a period
of one year from the commencement thereof; unless it has
previously been determined, and accordingly the right of
action of the person entitled to the land subject to the
tenancy shall be deemed to have accrued on the date of
such determination:

Provided that a mortgagor or beneficiary under a
trust in possession of land, the subject of the mortgage or
trust, shall not be deemed to be a tenant at will of the
mortgagee or trustee for the purposes of this section.

(4) Subsections (2) and (3) shall not apply to any lease
granted by the Crown.

24. (1) For the purposes of this Act, a right of action
to recover land shall not accrue and shall not be deemed to
accrue unless the land is in the possession of some person
in whose favour the period of limitation can run (hereafter
in this section referred to as “adverse possession”).

(2) Where under the foregoing provisions any right
of action to recover land is deemed to accrue on a certain
date and no person is in adverse possession of the land on
that date, the right of action shall not accrue unless the land
is thereafter taken into adverse possession, in which case
the right of action shall be deemed to accrue at the
commencement of the adverse possession.

(3) Where a right of action to recover land has
accrued and thereafter, but before the right is barred by
this Act, the land ceases to be in adverse possession —

(a) the former adverse possession shall for the
purposes of this Act have no effect; and

(b) if the land is again taken into adverse possession
a fresh right of action shall be deemed to accrue
at the commencement of that adverse possession.

Right of action
not to accrue or
continue unless
there is adverse
possession.

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(4) For the purposes of this section —
(a) possession of land subject to a rentcharge by a

person (other than the person entitled to a
rentcharge) who does not pay the rent shall be
deemed to be adverse possession of the ren-
tcharge; and

(b) in such a case as is referred to in subsection (2) of
section 23 receipt of rent under a lease by a
person wrongfully claiming the land in reversion
shall be deemed to be adverse possession of land.

(5) For the purpose of determining whether a person
occupying any land is in adverse possession of the land it
shall not be assumed by implication of law that such
person’s occupation is by permission of the person entitled
to the land merely by virtue of the fact that such person’s
occupation is not inconsistent with the present or future
enjoyment of the land by the person entitled.

(6) Subsection (5) shall not be taken as prejudicing a
finding to the effect that a person’s occupation of any land is
by implied permission of the person entitled to the land in
any case where such a finding is justified on the actual facts
of the case.

25. (1) At the expiration of the period prescribed by
this Act for any person to bring an action to recover land,
the estate or interest of that person in the land shall vest in
the person who is then in adverse possession of the land
within the meaning of section 24.

(2) Where land is held under a lease and the
leasehold estate in part only of the land vests in the person
under subsection (1), that person (or anyone claiming
through that person) and the lessee of the remainder of the
land shall share the cost of paying the rent reserved by the
lease and the cost of discharging any other obligation under
the lease in such proportions respectively as may be agreed
by them and the lessor with respect to the rent or, as the case
may be, with respect to the other obligation.

(3) If a dispute arises regarding the apportionment
of costs under subsection (2), any of the parties mentioned
in that subsection may refer the dispute to the court for
decision and the decision of the court shall be final and
binding upon all the parties.

Vesting of estate
or interest in
adverse
possessor.

CH.83 – 24] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) This section shall have effect subject to
subsections (1) and (2) of section 21.

26. (1) The vesting of a leasehold estate or interest
under subsection (1) of section 25 shall have the effect of
an assignment of the lease for the purposes of any
provision of the lease which confers on the lessor a right
to cause the lease to be forfeited by reason of any
assignment thereof by the lessee.

(2) Subsection (1) shall not apply in a case where,
under the lease, the lessor had before the expiry of the
period referred to in subsection (1) of section 25, a right to
cause the lease to be forfeited by reason of the fact that the
lessee was dispossessed of the land or discontinued his
possession thereof.

27. Where a person entitled in remainder to an
entailed estate or interest in any land has made an
assurance thereof which fails to bar the issue in tail or the
estates and interests taking effect on the determination of
the entailed estate or interest, or fails to bar the last
mentioned estates and interests only, and any person takes
possession, that person or any other person whatsoever
(other than a person entitled to possession by virtue of the
settlement) is in possession of the land for a period of
twelve years from the commencement of the time at which
the assurance, if it had then been executed by the person
entitled to the entailed estate or interest, would have
operated, without the consent of any other person, to bar
the issue in tail and such estates and interests as aforesaid,
then, at the expiration of that period, the assurance shall
operate, and be deemed always to have operated, to bar the
issue in tail and those estates and interests.

28. When a mortgagee of land has been in
possession of any of the mortgaged land for a period of
twelve years, no action to redeem the land of which the
mortgagee has been so in possession shall thereafter be
brought by the mortgagor or any person claiming through
that mortgagor.

Vesting of
leasehold to have
effect of
assignment in
certain
circumstances.

Cure of defective
disentailing
assurance.

Limitation of
redemption
actions.

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29. For the purposes of this Act, no person shall be
deemed to have been in possession of any land by reason
only of having made a formal entry thereon, and no
continual or other claim upon or near any land shall
preserve any right to recover the land.

30. For the purposes of the provisions of this Act
relating to actions for the recovery of land, an administrator
of the estate of a deceased person shall be deemed 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.

31. No action shall be brought, or distress made, to
recover arrears of rent or dower or damages in respect
thereof after the expiry of six years from the date on which
the arrears became due.
Action to Recover Money Secured by a Mortgage or Charge

or to Recover Proceeds of the Sale of Land
32. (1) No action shall be brought to recover any

principal sum of money secured by a mortgage or other
charge on property, whether real or personal, or to recover
the proceeds of the sale of land, after the expiry of twelve
years from the date when the right to receive the money
accrued.

(2) No foreclosure action in respect of mortgaged
personal property shall be brought after the expiry of
twelve years from the date on which the right to foreclose
accrued:

Provided that if after that date the mortgagee was in
possession of the mortgaged property, the right to
foreclose on the property which was in the mortgagee’s
possession shall not, for the purposes of this subsection,
be deemed to have accrued until the date on which that
possession was discontinued.

(3) The right to receive any principal sum of money
secured by a mortgage or other charge and the right to
foreclose on the property subject to the mortgage or charge
shall not be deemed to accrue so long as that property
comprises any future interest or any life insurance policy
which has not matured or been determined.

No right of a
action to be
preserved by
formal entry or
continual claim.

Administration
to date back to
death.

Limitation of
actions to recover
rent.

Limitation of
actions to recover
money secured
by a mortgage or
charge or to
recover proceeds
of the sale of
land.

CH.83 – 26] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) Nothing in this section shall apply to a
foreclosure action in respect of mortgaged land, but the
provisions of this Act relating to actions to recover land
shall apply to such an action.

(5) No action to recover arrears of interest payable
in respect of any sum of money secured by a mortgage or
other charge or payable in respect of the proceeds of the
sale of land, or to recover damages in respect of such
arrears shall be brought after the expiry of six years from
the date on which the interest became due:

Provided that —
(a) where a prior mortgagee or other encumbrancer

has been in possession of the property charged,
and an action is brought within one year of the
discontinuance of such possession by the sub-
sequent encumbrancer, that encumbrancer may
recover by that action all the arrears of interest
which fell due during the period of possession by
the prior encumbrances or damages in respect
thereof, notwithstanding that the period ex-
ceeded six years;

(b) where the property subject to the mortgage or
charge comprises any future interest or life
insurance policy and it is a term of the mortgage
or charge that arrears of interest shall be treated
as part of the principal sum of money secured by
the mortgage or charge, interest shall not be
deemed to become due before the right to receive
the principal sum of money has accrued or is
deemed to have accrued.

Actions in respect of Trust Property or the Personal Estate
of Deceased Persons and Actions for an Account
33. (1) No period of limitation prescribed by this

Act shall apply to an action by a beneficiary under a trust,
being an action —

(a) in respect of any fraud or fraudulent breach of
trust to which the trustee was a party or privy; or

Limitation of
actions in respect
of trust property.

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(b) to recover from the trustee trust property or the
proceeds thereof in the possession of the trustee,
or previously received by the trustee and
converted to the trustee’s use.

(2) Where a trustee who is also a beneficiary under
the trust receives or retains trust property or its proceeds
as that trustee’s share on a distribution of trust property
under the trust, that trustee’s liability in any action
brought by virtue of subsection (1)(b) to recover that
property or its proceeds after the expiry of the period of
limitation prescribed by this Act for bringing an action to
recover trust property shall be limited to the excess over
that trustee’s proper share.

(3) Subject to subsection (1), an action by a
beneficiary to recover trust property or in respect of any
breach of trust; not being an action for which a period of
limitation is prescribed by any other provision of this Act,
shall not be brought after the expiry of six years from the
date on which the right of action accrued; and for this
purpose the right of action of a beneficiary entitled to a
future interest in trust property shall not be deemed to
accrue until the interest falls into possession.

(4) No beneficiary as against whom there would be
a good defence under this Act shall derive any greater or
other benefit from a judgment or order obtained by any
other beneficiary than such beneficiary could have
obtained in an action brought by such beneficiary in
which this Act had been pleaded in defence.

34. Subject to subsections (1) and (2) of section 33,
no action in respect of any claim to the personal estate of a
deceased person or to any share or interest in such estate,
whether under a will or on intestacy, shall be brought after
the expiry of twelve years from the date when the right to
receive the same accrued, and no action to recover arrears
of interest in respect of any legacy, or damages in respect
of such arrears, shall be brought after the expiry of six
years from the date on which the interest became due.

35. An action for an account shall not be brought
after the expiry of any time limit under this Act which is
applicable to the claim which is the basis of the duty to
account.

Limitation of
actions claiming
personal estate of
a deceased
person.

Action of an
account.

CH.83 – 28] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III
EXTENSION OF LIMITATION PERIODS IN CASE
OF DISABILITY, ACKNOWLEDGEMENT, PART

PAYMENT, FRAUD AND MISTAKE
Disability

36. (1) If, on the date when any right of action for
which a period of limitation is prescribed by this Act
accrues, the person to whom it accrues is under a disability,
the action may be brought at any time before the expiry of
six years from the date when the person ceased to be under
a disability or died, whichever event first occurred,
notwithstanding that the period of limitation has expired.

(2) Subsection (1) shall have effect —
(a) in the case of actions to which subsection (1) of

section 8 applies, with the substitution of the
words “two years” for the words “six years”;

(b) in the case of actions to which section 9 or
subsection (2) of section 11 applies, with the
substitution of the words “three years” for the
words “six years”;

(c) in the case of actions to which section 12 applies,
with the substitution of the words “twelve
months” for the words “six years”.

(3) This section shall not affect any case where the
right of action first accrued to some person not under a
disability through whom the person under a disability
claims.

(4) When a right of action which has accrued to a
person under disability accrues, on the death of that
person while still under a disability, to another person
under a disability, no further extension of time shall be
allowed under this section by reason of the disability of
the second person.

(5) No action to recover land or money charged on
land shall by virtue of this section be brought by any
person after the expiry of thirty years from the date on
which the right of action accrued to that person or some
person through whom that person claims.

Extension of
limitation period
in case of
disability.

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(6) This section shall not apply to any action to
recover a penalty or forfeiture, or sum by way thereof, by
virtue of any written law, except where the action is
brought by an aggrieved party.

37. (1) Subject to subjection (2), if in the case of any
action for which a period of limitation is prescribed by
section 13 —

(a) the period applicable in accordance with subsec-
tion (4) of that section is the period mentioned in
paragraph (b) of that subsection;

(b) on the date which is for the purposes of that
section the starting date for reckoning that
period the person by reference to whose
knowledge that date fell to be determined under
subsection (5) of that section was under a
disability; and

(c) section 36 does not apply to the action,
the action may be brought at any time before the
expiration of three years from the date when that person
ceased to be under a disability or died (whichever first
occurred) notwithstanding that the period mentioned
above has expired.

(2) An action may not be brought by virtue of
subsection (1) after the end of the period of limitation
prescribed by section 14.

Acknowledgement and Part Payment
38. (1) Where there has accrued any right of action

(including a foreclosure action) to recover land or any
right of a mortgagee of personal property to bring a
foreclosure action in respect of the property, and —

(a) the person in possession of the land or personal
property, acknowledges the title of the person to
whom the right of action has accrued; or

(b) in the case of a foreclosure or other action by a
mortgagee, the person in possession as aforesaid
or any person liable for the mortgage debt makes
any payment in respect thereof, whether of
principal or interest,

the right shall be deemed to have accrued on and not
before the date of the acknowledgement or payment.

Extension for
cases where the
limitation period
is the period
under section
13(4)(b).

Fresh accrual of
action on
acknowledge-
ment or part
payment.

CH.83 – 30] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Subsection (1) shall apply to a right of action to
recover land accrued to a person entitled to an estate or
interest taking effect on the determination of an entailed
interest against whom time is running under section 24,
and on the making of the acknowledgement that section
shall cease to apply to the land.

(3) Where a mortgagee is by virtue of the mortgage
in possession of any mortgaged land and either receives any
sum in respect of the principal or interest of the mortgage
debt or acknowledges the title of the mortgagor, or his
equity of redemption, an action to redeem the land in such
mortgagee’s possession may be brought at any time before
the expiration of twelve years from the date of the payment
or acknowledgement.

(4) Where any right of action has accrued to recover
any debt or other liquidated pecuniary claim, or any claim
to the personal estate of a deceased person or to any share
or interest therein, 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:

Provided that a payment of a part of any rent or
interest that is due at any time shall not extend the period
for claiming the remainder then due, and any payment of
interest shall be treated as a payment in respect of the
principal debt.

(5) Subject to the proviso to subsection (4), a current
period of limitation may be repeatedly extended under this
section by further acknowledgements or payments, but a
right of action, once barred by this Act, shall not be revived
by any subsequent acknowledgement or payment.

39. For the purposes of section 40 —
(a) an acknowledgement shall be in writing and

signed by the person making the acknowledge-
ment; and

(b) an acknowledgement or payment may be made
by the agent of the person by whom it is
required to be made by section 38 and shall be
made to the person, or to an agent of the person,
whose title or claim is being acknowledged or,
as the case may be, in respect of whose claim
the payment is being made.

Formal
provisions as to
acknowledge-
ments and part
payments.

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40. (1) An acknowledgement of the title to any land,
or mortgaged personally, by any person in possession
thereof shall bind all other persons in possession during the
ensuing period of limitation.

(2) A payment in respect of a mortgage debt by the
mortgagor or any person in possession of the mortgaged
property shall, so far as any right of the mortgagee to
foreclose or otherwise to recover the property is concerned,
bind all other persons in possession of the mortgaged
property during the ensuing period of limitation.

(3) Where two or more mortgagees are by virtue of
the mortgage in possession of the mortgaged land, and
acknowledgement of the mortgagor’s title or equity of
redemption by one of the mortgagees shall only bind that
mortgagee and that mortgagee’s successors and shall not
bind any other mortgagees or their successors, and where
the mortgagee by whom the acknowledgement is given is
entitled to a part of the mortgaged land and not to any
ascertained part of the mortgage debt, the mortgagor shall
be entitled to redeem that part of the land on payment,
with interest, of the part of the mortgage debt which bears
the same proportion to the whole of the debt as the value
of the part of the land bears to the whole of the mortgaged
land.

(4) Where there are two or more mortgagors, and
the title or right to redemption of one of the mortgagors is
acknowledged as aforesaid, the acknowledgement shall be
deemed to have been made to all the mortgagors.

(5) An acknowledgement of any debt or other
liquidated pecuniary claim shall bind the acknowledgor
and that acknowledgor’s successors but not any other
person:

Provided that an acknowledgement made after the
expiry of the period of limitation prescribed for the
bringing of an action to recover the debt or other claim
shall not bind any successor on whom the liability devolves
on the determination of a preceding estate or interest in
property under a settlement taking effect before the date of
the acknowledgement.

Effect of
acknowledge-
ment or part
payment on
persons other
than the maker
or recipient.

CH.83 – 32] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) 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 expiry 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 that
person’s successors, and shall not bind any successor on
whom the liability devolves on the determination of a
preceding estate or interest in property under a settlement
taking effect before the date of the payment.

(7) An acknowledgement by one of several personal
representatives of any claim to the personal estate of a
deceased person, or to any share or interest therein, or a
payment by one of several personal representatives in
respect of any such claim shall bind the estate of the
deceased person.

(8) In this section the expression “successor” in
relation to any mortgagee or person liable in respect of any
debt or claim, means that mortgagee’s or that person’s
personal representatives and any other person on whom the
rights under the mortgage or, as the case may be, the
liability in respect of the debt or claim devolve, whether on
death or bankruptcy or the disposition of property or the
determination of a limited estate or interest in settled
property or otherwise.

Fraud, Mistake and Deliberate Concealment
41. (1) Subject to subsection (4), where in the case of

an action for which a period of limitation is prescribed by
this Act either —

(a) the action is based upon the fraud of the
defendant; or

(b) the action is for relief from the consequences of a
mistake,

the period of limitation shall not begin to run until the
plaintiff has discovered the fraud or the mistake, as the
case may be, or could with reasonable diligence have
discovered it.

Postponement of
limitation period
in case of fraud,
mistake or
concealment.

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(2) Subject to subsection (4), where in the case of
any such action any fact relevant to the plaintiff’s right of
action has been deliberately concealed from the plaintiff by
the defendant, the period of limitation shall not begin to
run until the plaintiff has discovered the defendant’s
concealment of the fact in question or could with reason-
able diligence have discovered it.

(3) For the purposes of subsection (2), deliberate
commission of a breach of duty in circumstances in which
it is unlikely to be discovered for some time amounts to
deliberate concealment of the facts involved in the breach
of duty.

(4) Nothing in this section shall enable any action —
(a) to recover, or recover the value of, any property;

or
(b) to enforce any charge against, or set aside any

transaction affecting, any property,
to be brought against the purchaser of the property or any
person claiming through such purchaser in any case where
the property has been purchased for valuable consideration
by an innocent third party since the fraud or concealment
or, as the case may be, the transaction in which the mistake
was made took place.

(5) A purchaser is an innocent third party for the
purposes of this section —

(a) in the case of fraud or concealment of any fact
relevant to the plaintiff’s right of action, if such
purchaser was not a party to the fraud or, as the
case may be, to the concealment of that fact and
did not at the time of the purchase know or have
reason to believe that the fraud or concealment
had taken place; and

(b) in the case of mistake, if such purchaser did not
at the time of the purchase know or have reason
to believe that the mistake had been made.

(6) References in this section to the defendant
include reference to the defendant’s agent and to any person
through whom the defendant or the defendant’s agent
claims.

CH.83 – 34] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(7) Sections 13 and 14 shall not apply to any action
to which subsection (2) applies and accordingly the period
of limitation referred to in that subsection, in any case to
which either of those sections would otherwise apply is the
period applicable under subsection (1) of section 5.

PART IV
GENERAL

42. (1) This Act and any other written law relating to
the limitation of actions shall apply to arbitrations as they
apply to actions in the Supreme Court.

(2) Notwithstanding any term in a submission to the
effect that no cause of action shall accrue in respect of any
matter required by the submission to be referred until an
award is made under the submission, the cause of action
shall for the purposes of this Act and any such written law
as aforesaid (whether in their application to arbitrations or
to other proceedings) be deemed to have accrued in respect
of any such matter at the time when it would have accrued
but for that term in the submission.

(3) For the purposes of this Act and of any such
written law as aforesaid an arbitration shall be deemed to
be commenced when one party to the arbitration serves on
the other party or parties a notice requiring that party or
those parties to appoint an arbitrator or to agree to the
appointment of an arbitrator, or, where the submission
provides that the reference shall be to a person named or
designated in the submission, requiring that party or those
parties to submit the dispute to the person so named or
designated.

(4) Any such notice as aforesaid may be served
either —

(a) by delivering it to the person on whom it is to be
served;

(b) by leaving it at that person’s usual or last known
place of abode in The Bahamas; or

(c) by sending it by post in a registered letter
addressed to that person at that person’s usual
or last known place of abode in The Bahamas,

Application of
Act and other
limitation written
laws to
arbitrations.

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as well as in any other manner provided in the submission;
and where a notice is sent by post in the manner prescribed
by paragraph (c), service thereof shall, unless the contrary
is proved, be deemed to have been effected at the time at
which the letter would have been delivered in the ordinary
course of post.

(5) Where the Supreme Court orders that an award
be set aside or orders after the commencement of an
arbitration, that the submission shall cease to have effect
with respect to the dispute referred, the court may further
order that the period between the commencement of the
arbitration and the date of the order of the court shall be
excluded in computing the time prescribed by this Act or
any such written law as aforesaid for the commencement of
proceedings (including arbitration) with respect to the
dispute referred.

(6) This section shall apply to an arbitration under
any Act as well as to an arbitration pursuant to a
submission, and subsections (3) and (4) shall have effect in
relation to an arbitration under an Act as if for the
references to the submission there were substituted
references to such of the provisions of the Act or of any
order, scheme, rules, regulations or bye-laws made there-
under as relate to the arbitration.

43. For the purposes of this Act, any claim by way
of set-off or counterclaim shall be deemed to be a separate
claim and to have been commenced on the same date as the
action in which the set-off or counterclaim is pleaded.

44. Nothing in this Act shall affect any equitable
jurisdiction to refuse relief on the ground of acquiescence
or otherwise.

45. (1) Except as is otherwise provided by this Act
and without prejudice to section 46, this Act shall apply to
proceedings by or against the Crown in like manner as it
applies to proceedings between subjects.

(2) This Act shall not apply to any proceedings by
the Crown for the recovery of any tax or duty or interest
thereon or to any forfeiture proceedings under the written
laws relating to customs or excise.

CH.83 – 36] LIMITATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) For the purposes of this section, proceedings by
or against the Crown shall include proceedings instituted
by or against an officer or other agent of the Crown in that
officer’s official capacity.

46. This Act shall not apply to any action or
arbitration for which a period of limitation is prescribed by
or under any other written law, or to any action or
arbitration to which the Crown is a party and for which, if
it were between subjects, a period of limitation would be
prescribed by or under any other written law.

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