Limitation Ordinance Chapter 49 (1958 Edition)

Limitation Ordinance Chapter 49 (1958 Edition)

The Sarawak Limitation Ordinance (Cap. 49) establishes statutory deadlines for commencing civil actions in Sarawak to prevent outdated or delayed claims. Its Schedule specifies the applicable limitation periods for different types of lawsuits—for example, three years for oral contracts and six years for written contracts. The Ordinance also addresses particular areas such as defamation, which carries a one-year limitation period in Sarawak (unlike West Malaysia), and adverse possession. By imposing these time limits, the law promotes efficiency and fairness in the administration of justice by barring actions brought after the prescribed periods.

Key Features of Limitation Ordinance Chapter 49 (1958 Edition):

• Objective: To impose clear time limits on legal proceedings, ensuring fairness and protecting parties from indefinite exposure to legal claims.

• Application: Applies to a wide range of civil actions in Sarawak.

• Schedule: Sets out specific limitation periods that vary according to the nature of the claim, including contractual, tortious, and property-related actions.

Illustrative Limitation Periods

• Written contract claims: 6 years from the date of breach.

• Oral contract claims: 3 years from the date of breach.

• Defamation claims: 1 year, a period distinct from that in West Malaysia.

Operation of the Ordinance

• Bar to late claims: Actions commenced after the prescribed limitation period may be struck out.

• Exclusion of time: Certain intervals—such as proceedings before a court without jurisdiction or periods affected by injunctions—may be excluded when calculating the limitation period.

Importance

The Ordinance plays a vital role for litigants and legal practitioners in Sarawak, as failure to comply with these statutory deadlines can permanently extinguish a claim, as provided for in its provisions and Schedule.