Limitation of Actions

1
In accordance with the maxim nullum tempus occurrit regi , there is no limitation
period on criminal prosecutions, unless specifically specified by statute. However,
in civil cases statutory provisions bar the bringing of actions after a certain
period of time has elapsed. In England the Limitation Act of 1980 (as amended)
lays down most limitation periods while in Zambia the English Limitation Act of
1939, as amended by the Law Reform (Limitation of Actions Etc.) Act, Chapter 72
of the Laws of Zambia, still applies. Where a claim is outside the provisions of a
Limitation Act (or any other statute2) e.g. purely equitable claims such as a claim
for specific performance, there is no strict period of limitation (see Nelson v Rye
[1996] 1 WLR 1378) but it may be:
 Subject to limit by analogy - Courthard v Disco Mix Club Ltd [1999] 2AllER
457
3
 Subject to the defenses of laches and acquiescence (as in Nelson v Rye).
 Struck out by the court as an abuse of process - Taylor v Ribby Hall
Leisure Ltd. [1998] 1 WLR 400.
It should also be noted that:
(a) Lapse of time bars the remedy but not the right (per Donaldson LJ in
Ronex Properties v John Laing Ltd. [1983] QB 398).
(b) Expiry of the limitation period provides the defendant with a complete
defence. Lord Griffiths in Donovan v Gwentoys Ltd. [1990] 1 WLR 472 said
“The primary purpose of the limitation period is to protect a defendant
from the injustice of having to face a stale claim, that is a claim with which
he never expected to deal.”
(c) Limitation is a procedural defence and it will not be taken by the court of
its own motion but must be specifically pleaded in the defence. If the
plaintiff is unwilling to discontinue a time barred claim the defendant can
successfully apply to have the claim struck out as an abuse of the court’s
process.
(d) Time runs from the day following the day on which the cause of action
arose as parts of a day are ignored (Marren v Dawson Bentley & Co Ltd.
[1961] 2 QB 135.
(e) A claim is brought for limitation purposes when the originating process is
issued by the court and not when it is brought to the knowledge of the
defendant by service upon him. (see Lord Diplock in Thompson v Brown
[1981] 1 WLR 744).
(f) Time does not run against a child until his/her 18th birthday.
(g) Time does not run against a person of unsound mind if that person was
under disability at the date the cause of action accrued.
(h) At common law (Pirelli General Cable Works Ltd. v Oscar Faber and

1
Time does not run against the Crown
2
E.g. recovery of rent paid on account under s. 17(3) of the Rent Act - limitation period is 6 years
3
Negligence and unreasonable delay in the assertion of a right will defeat equities. “A court of
equity has always refused its aid to stale claims where a party has slept upon his rights and
acquiesced for a great length of time. Nothing can call forth this court into activity but
conscience, good faith and reasonable diligence”. Smith v Clay [1767] Amb. 645
 Partners [1983] 2 AC 1) it is possible for a claim in tort to be statute barred
before the plaintiff knows that damage has been sustained as time runs
from date of damage rather than discovery. The Latent Damage Act, 1996
has changed this in England.
(i) However, in the case of fraud, mistake or concealment, time dose not run
until the fraud, mistake or concealment is discovered or with reasonable
diligence could have been discovered (as provided in Part II of the 1939
Limitation Act). .
Class of Claim Limitation Period4
Recovery of Land by the State 30 years s. 4 (1)
Recovery of Land by any other person5 12 years s. 4 (3)
Recovery of money secured by mortgage 12 years s. 18
(1)
Foreclosure in respect of mortgaged personal property 12 years s. 18 (2)
Action on a Specialty6/Deed 12 years s. 2 (3)
Action claiming personal estate of a deceased person 12 years s. 20
Action to recover arrears of interest on a legacy 6 years s. 20
Recovery of a penalty/forfeiture7 due under statute 2 years s. 2 (5)
Recovery of a sum recoverable by virtue of a statute 6 years s. 2
(1)(d)
Enforcement of a Judgment 12 years s. 1 (4)
Action for arrears of interest on a judgment debt 6 years s. 1 (4)
Action on a normal/simple contract8 6 years s. 2
(1)(a)
Subsequent conversion of title/wrongful detention 6 years
Recovery of trust property and breach of trust 6 years s. 19 (1)
Recovery of rent arrears 6 years s. 17
Recovery by tenant of rent paid on account to landlord 6 years s.17(3)Rent
Act
Action founded on tort 6 years9 s. 2 (1)(a)
Action to enforce a recognizance10 6 years s. 2
(1)(b)
Recovery from BOZ of presumed abandoned funds 6 years s.76 Act
No18 of 2000
Personal Injuries11 claims 3 years s. 3 Cap 72

4
Section references refer to the English Limitation Act of 1939 unless the contrary is stated.
5
Note: an action by the Church of England or any other “spiritual corporation” is 30 years like the
State.
6
Includes a bond or other contract under seal, a statute and a judgment.
7
Does not include a fine payable upon conviction of a criminal offence.
8
Does not apply to any claim for specific performance.
9
But section 3 of the Law Reform (Limitation of Actions Etc.) Act Chapter 72 of the Laws of
Zambia amends this in Zambia by providing that in actions for damages for (a) negligence, (b)
nuisance or (c) breach of duty (contractual, statutory or otherwise) if the damages claimed
include damages for personal injuries to any person, the limitation period is 3 years.
10
Obligation/bond acknowledged before court/authorized officer & afterwards enrolled in court
of record.
11
“Personal injuries” includes any disease and any impairment of a person’s physical or mental
condition - see section 3(2)(c) of Cap 72.
 Fatal Accident claims 3 years12 s. 4 Cap 72
Defamation and malicious falsehood 3 years 1980
Limitation Act
Damages for loss caused by international air carrier 2 years - 1stSchedule
Cap 447
Applications for Judicial Review 3 months
Action against an officer under Customs & Excise Act13 3 months s.164(4) of Cap
662
Action arising from an industrial accident 3 months14 s9 Act
No10 1999
Recovery of money/interest by money lender 12 months s.18(1) of cap
398
Loss/damage to registered inland postal packages 12 months s.5(2)
Cap 72
As noted, for purely equitable claims e.g. injunction or specific performance, no set
limitation period applies15 but claims may fail under the doctrine of laches. But for
specific performance claims, even gross delay may not bar the claim if the defendant
has suffered no harm16.

12
Section 4 of the Law Reform (Limitation of Actions Etc.) Act Chapter 72 of the Laws of Zambia
amends the Fatal Accidents Act of 1846 by extending the limitation period from twelve months to
three years
13
See also United Products Ltd. v Attorney General [1976] ZR 89
14
From the date the Commissioner makes a final award of compensation in respect of such
accident.
15
As is appropriate to the discretionary nature of these remedies
16
Lazard Bros Co. Ltd. v Fairfield Properties Co. (Mayfair) Ltd. [1977] 121 Sol Jo 793