Statute of Limitations, 1957

Extension of limitation period in case of disability.

49.—(1) (a) If, on the date when any right of action accrued for which a period of limitation is fixed by this Act, the person to whom it accrued was under a disability, the action may, subject to the subsequent provisions of this section, be brought at any time before the expiration 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.

(b) Paragraph (a) of this subsection 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.

(c) Where a right of action which has accrued to a person under a 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 by reason of the disability of the second person.

(d) None of the following actions—

(i) an action to recover land or money charged on land,

(ii) an action by an incumbrancer claiming sale of land,

(iii) an action in respect of a right in the nature of a lien for money's worth in or over land for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the land,

shall be brought by virtue of paragraph (a) of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or to some person through whom he claims.

(e) This section shall not apply to an action to recover a penalty or forfeiture, or a sum by way of penalty or forfeiture, recoverable by virtue of any enactment, except where the action is brought by the party grieved.

(2) (a) In the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute 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 any person—

(i) subsection (1) of this section shall have effect as if for the words “six years” there were substituted the words “three years”, and

(ii) this section shall not apply unless the plaintiff proves that the person under the disability was not, at the time when the right of action accrued to him, in the custody of a parent.

(b) For the purposes of paragraph (a) of this subsection, “parent” in relation to a person under a disability means his father, mother, grandfather, grandmother, stepfather or stepmother, notwithstanding that the relationship is illegitimate or in consequence of adoption under the Adoption Act, 1952 (No. 25 of 1952).

(3) In the case of actions for damages for slander, subsection (1) of this section shall have effect as if for the words “six years” there were substituted the words “three years”.

(4) In the case of—

(a) an action to recover an amount recoverable by a tortfeasor under section 4 or 5 of the Tortfeasors Act, 1951 (No. 1 of 1951), or

(b) an action to recover a penalty or forfeiture, or a sum by way of penalty or forfeiture, recoverable by virtue of any enactment where the action is brought by the party grieved,

subsection (1) of this section shall have effect as if for the words “six years” there were substituted the words “two years”.