Different types of claims/cases/actions have different time limits of after how long (from the date they arose)they can be filed in Court. An example of these limitations is as follows;
1. Cases based on a Contract(which includes employment contracts)- Limit 6 years
2. Libel/Slander(publishing/uttering statements damaging a person’s reputation-Limit 12months
3. Cases based on tort (a wrong by a person to another resulting to loss or harm e.g trespass, negligence, road traffic accidents mostly fall here)-Limit 3 years.
4. Enforcing a Court Judgment –Limit 12 years
5. Recovery of land-Limit 12 years(whats is usually know as Adverse Possession)
6. Disability(injury related)-before the end of 6 years from the date when the person ceases to be under a disability or dies, whichever event first occurs.
7. Action for an account-Limit 6 years.
However, the law allows your Advocate to make an Application for leave of Court to file the case out of time. You have to give valid and justifiable reasons for the delay in Order for the Application to be allowed.
With the establishment of the small Claims Court, many people have filed claims for debt recovery only to be found statute barred because they have been brought long after then limit have lapsed, and the Court was not convinced that the delay was justified.
The list above is however not exhaustive, your Wakili should advise you based on the circumstances of your case.
