Limitation Ordinance (Sabah Cap. 72)

Limitation Ordinance

(Sabah Cap. 72)

The Limitation Ordinance (Sabah Cap. 72) is Sabah’s main legislation that sets the deadlines for filing civil lawsuits, taking the place of the Limitation Act 1953 used in West Malaysia. Introduced on 10 December 1952, it specifies how long a person has to bring various types of claims to court, and any case filed after the allowed time may be dismissed if the defendant relies on the limitation defence. The Ordinance contains a comprehensive Schedule that lists many different kinds of claims—such as contract disputes, debt recovery, enforcement of court judgments, land recovery, estate matters, and other specialised actions—each with its own time limit, which can range from one year up to sixty years depending on the category. If a type of claim is not expressly mentioned, a general six-year limit applies. The law also pauses the countdown for individuals under legal disabilities, like minors or those of unsound mind, until their disability ends. Additionally, if another law sets a specific limitation period for a particular type of case, that special law overrides the Ordinance. Overall, Cap. 72 ensures fairness and certainty by requiring civil disputes to be pursued within a reasonable timeframe, preventing overly delayed claims and promoting timely resolution.