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…DEFENDANTS R U L I N G The 2nd Defendant has raised a preliminary objection on the ground that this suit is barred by the Limitation of Actions Act (Cap 22).…

…He argued that vide section 23 of the Limitation of Actions Act, the exceptions given there as concerns acknowledgements or part payment were worthy of consideration. Mr.…

…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…

…There is even a letter dated 15th June, 2002 and 2nd July, 2003 thus the defendants counter claim cannot be said to be barred by the limitation of Actions Act.…

…Also not canvassed was para 4 of the defence on the aspect of Limitation of Actions Act whereby the Plaint was amended long after three years was up for bringing this action.…

…The learned state counsel says the Limitation of Actions Act applies, but he does not with respect say which legal wrong it is as would fit under Limitation Act. It is neither contract nor Tort.…

…And if this was the case, then this suit would have been filed in court by way of plaint - within 12 years of the making of such agreement - see Section 7 of the Limitation of Actions Act.…