Limitation of actions

Sierra Leone — Supreme Court · 1960

Principle established: The Summary Jurisdiction Act applies in Sierra Leone, but a prosecution cannot be dismissed as time-barred without proof on the record of when the complaint was made.

Lanbuk on the Law of Torts · 1963

Principle established: Under the old law, time ran from when the damage occurred, even if the claimant could not know of it.

Sierra Leone — Court of Appeal · 2015

Principle established: A claim for recovery of land may be defeated by the doctrine of adverse possession if the claimant's action is found to be statute-barred under limitation laws.

Malawi · 2026

Principle established: A claim for pension benefits must be commenced within the prescribed six-year limitation period from the date the cause of action arose, or it will be dismissed as statute-barred.

Sierra Leone — African Law Reports · 1920-36

Principle established: Time begins to run against the Curator of Intestate Estates from the death of the intestate, whereas time runs against an administrator only from the date of the grant of administration.

Sierra Leone — Supreme Court · 1961

Principle established: An executrix who holds property as a trustee cannot rely on the Statute of Limitations and remains bound to account to the beneficiaries for estate property.

South Africa · 2022

Principle established: Condonation for the late service of a statutory notice on an organ of state may be granted where the debt has not prescribed and good cause for the delay is shown.

Lanbuk on the Law of Torts · 1983

Principle established: A cause of action in negligence accrues when physical damage occurs, not when it is discovered.

Sierra Leone — African Law Reports · 1964-66

Principle established: Acknowledgment of a superior title to land during the limitation period interrupts adverse possession, and a tenant at will holds no alienable interest capable of conveying a fee simple estate.

Sierra Leone — Court of Appeal · 2022

Principle established: The court may provide early guidance on the application of the Limitation Act if the issue is germane to the case and could prevent an unnecessary trial.

Zimbabwe · 2022

Principle established: Statutory time limits for instituting civil proceedings against the State or its officers must be observed, even in applications for declaratory relief arising from administrative decisions.

Sierra Leone — Court of Appeal · 1952

Principle established: A tenant at will cannot establish adverse possession to defeat an owner's title under limitation laws unless possession was exclusive and entirely independent of the owner.

Sierra Leone — Court of Appeal · 1962

Principle established: An application for leave to serve a writ of summons out of the jurisdiction constitutes the taking of proceedings for the purposes of statutory limitation periods governing actions against estates.

Sierra Leone — Court of Appeal · 1962

Principle established: Applying to court for leave to serve a writ of summons out of the jurisdiction constitutes the taking of proceedings within statutory limitation provisions governing surviving tort claims against a deceased's estate.