Limitation Act - The Bahamas Laws On-Line

CH.83 – 28]
LIMITATION
Extension of
limitation period
in case of
disability.
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.
STATUTE LAW OF THE BAHAMAS [Original Service 2001]