LIMITATION ORDINANCE (SARAWAK) (CAP.

49)
SCHEDULE
(Sections 3 and 6(1))
PARTICULARS OF THE LIMITATIONS APPLICABLE TO EACH CLASS OF PROCEEDING

Description of Suit Period of Time from which period begins to run

Limitation
Part I – One Year
1. Upon a Statute, Act, Regulation or By-law, One year When the penalty or forfeiture is
for a penalty or forfeiture incurred
2. For the wages of a household servant, One year When the wages accrue due
artisan or a labourer
3. For the price of food or drink sold by the One year When the food or drink is delivered
keeper of a hotel, tavern or lodging house
4. For the price of lodging One year When the price becomes payable
5. To set aside any of the following sales:- One year When the sale is confirmed, or
(a) Sale in execution of a decree of a would otherwise have become final
Civil Court; and conclusive had no such suit
(b) Sale in pursuance of the order of a been brought
Collector or other officer of
revenue;
(c) Sale for arrears of Government
revenue, or for any demand
recoverable as such arrears
6. Against Government to set aside any One year When the attachment, lease or
attachment, lease or transfer of immovable transfer is made
property, by the Revenue authorities for
arrears of Government revenue
7. Against Government to recover money One year When the payment is made
paid under protest in satisfaction of a
claim made by the Revenue authorities on
account of arrears of revenue or on
account of demands recoverable as such
arrears
8. For compensation for false imprisonment One year When the imprisonment ends
9. For compensation for a malicious One year When the plaintiff is acquitted, or
prosecution the prosecution is otherwise
terminated
10. For compensation for libel One year When the libel is published
1
11. For compensation for slander One year When the words are spoken, or if
the words are not actionable in
themselves, when the special

Compiled by: | Messrs Wong Ho Leng & Co. Advocates

No. 17 (1st & 2nd Floors),
Lorong Tuanku Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

damage complained of results

12. For compensation for loss of service One year When the loss occurs
occasioned by the seduction of the
plaintiff’s servant or daughter
13. For compensation for inducing a person to One year The date of the breach
break a contract with the plaintiff
14. For compensation for an illegal, irregular One year The date of the distress
or excessive distress
15. For compensation for wrongful seizure of One year The date of the seizure
movable property under legal process
Part II – Two Years
16. Against a carrier for compensation for Two Years When the loss or injury occurs
losing or injuring goods
17. Against a carrier for compensation for Two Years When the goods ought to have been
delay in delivering goods delivered
18. Against one who, having a right to use Two Years When the perversion first becomes
property for specific purposes, perverts it known to the person injured
to other purposes thereby
19. For compensation for any malfeasance, Two Years When the malfeasance, misfeasance
misfeasance or non-feasance independent or non-feasance takes place
of contract and not herein specially
provided for
Part III – Three Years
20. For the hire of animals, vehicles, boats or Three Years When the hire becomes payable
household furniture
21. For the balance of money advanced in Three Years When the goods ought to have been
payment of goods to be delivered delivered
22. For the price of goods sold and delivered, Three Years The date of the delivery of the
where no fixed period of credit is agreed goods
upon
23. For the price of goods sold and delivered Three Years When the period of credit expires
to be paid for after the expiry of a fixed
period of credit
24. For the price of goods sold and delivered Three Years When the period of the proposed
to be paid for by a bill of exchange, no bill elapses
such bill being given
2 25. For the price of trees or growing crops Three Years The date of the sale
sold by the plaintiff to the defendant,
where no fixed period of credit is agreed
upon

Compiled by: | Messrs Wong Ho Leng & Co. Advocates

No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

26. For the price for work done by the Three Years When the work is done
plaintiff for the defendant at his request,
where no time has been fixed for payment
27. For compensation for obstructing a way or Three Years The date of the obstruction
a water course

28. For compensation for diverting a water Three Years The date of the diversion
course
29. For compensation for trespass upon Three Years The date of the trespass
immovable property
30. (deleted by Ordinance 4 of 1961)
31. To restrain waste Three Years When the waste begins
32. For compensation for injury caused by an Three Years When the injunction ceases
injunction wrongfully obtained
33. To compel a refund by a person to whom Three Years The date of the payment or
an executor or administrator has paid a distribution
legacy or distributed assets
34. By a ward who has attained majority, to set Three Years When the ward attains majority
aside a sale by his guardian
35. By any person bound by an order Three Years The date of the final order in the
respecting the possession of property case
made by a Magistrate
36. For specific movable property lost, or Three Years When the person having the right to
acquired by theft or dishonest the possession of the property first
misappropriation or conversion, or for learns in whose possession it is
compensation for wrongfully taking or
detaining the same
37. For other specific movable property or for Three Years When the property is wrongfully
compensation for wrongfully taking or taken or injured, or when the
injuring or wrongfully detaining the same detainer’s possession becomes
unlawful
38. For money payable for money lent Three Years When the loan is made
39. Like suit when the lender has given a Three Years When the cheque is paid
cheque for the money
40. For money lent under an agreement that it Three Years When the loan is made
shall be payable on demand
41. For money deposited under an agreement Three Years When the demand is made
3 that it shall be payable on demand
42. For money payable to the plaintiff for Three Years When the money is paid
money paid for the defendant

Compiled by: | Messrs Wong Ho Leng & Co. Advocates

No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

43. For money payable by the defendant to the Three Years When the money is received
plaintiff for money received by the
defendant for the plaintiff’s use
44. For money payable for interest upon Three Years When the interest becomes due
money due from the defendant to the
plaintiff
45. For money payable to the plaintiff for Three Years When the accounts are stated in
money found to be due from the writing signed by the defendant or
defendant to the plaintiff on accounts his agent duly authorised in this
stated between them behalf, save where the debt is, by a
simultaneous agreement in writing
signed as aforesaid, made payable at
a future time, and then when that
time arrives
46. For compensation for breach of a promise Three Years When the time specified arrives or
to do anything at a specified time, or upon the contingency happens
the happening of a specified contingency
47. On a single bond, where a day is specified Three Years The day so specified
for payment
48. On a single bond, where no such day is Three Years The date of executing the bond
specified
49. On a bond subject to a condition Three Years When the condition is broken
50. On a bill of exchange or promissory note Three Years When the bill or note falls due
payable at a fixed time after date
51. On a bill of exchange payable at sight, or Three Years When the bill is presented
after sight, but not at a fixed time
52. On a bill of exchange accepted payable at a Three Years When the bill is presented at that
particular place place
53. On a bill of exchange or promissory note Three Years When the fixed time expires
payable at a fixed time after sight or after
demand
54. On a bill of exchange or promissory note Three Years The date of the bill or note
payable on demand, and not accompanied
by any writing restraining or postponing
the right to sue
55. On a promissory note or bond payable by Three Years The expiration of the first term of
instalments payment, as to the part then
payable; and for the other parts, the
expiration of the respective terms of
4 payment
56. On a promissory note or bond payable by Three Years When the first default is made, save
instalments which provides that, if default where the payee or oblige waives
be made in payment of one instalment, the the benefit of the provision, and
Compiled by: | Messrs Wong Ho Leng & Co. Advocates
No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

whole shall be due then when fresh default is made in

respect of which there is no such
waiver
57. On a promissory note given by the maker Three Years The date of the delivery to the
to a third person to be delivered to the payee
payee after a certain event should happen
58. On a dishonoured foreign bill where Three Years When the notice is given
protest has been made and notice given
59. By the payee against the drawer of a bill of Three Years The date of the refusal to accept
exchange which has been dishonoured by
non-acceptance
60. By the acceptor of an accommodation bill Three Years When the acceptor pays the amount
against the drawer of the bill
61. Suit on a bill of exchange, promissory note Three Years When the bill, note or bond
or bond not herein expressly provided for becomes payable
62. By a surety against the principal debtor Three Years When the surety pays the creditor
63. By a surety against a co-surety Three Years When the surety pays anything in
excess of his own share
64. Upon any other contract to indemnify Three Years When the plaintiff is actually
damnified
65. By an advocate for his costs of a suit or a Three Years The date of the termination of the
particular business, there being no express suit or business, or, where the
agreement as to the time when such costs advocate properly discontinues the
are to be paid suit or business, the date of such
discontinuance
66. For the balance due on a mutual, open and Three Years The close of the year in which the
current account, where there have been last item admitted or proved is
reciprocal demands between the parties entered in the account, such year to
be computed as in the account
67. On a policy of insurance when the sum Three Years When proof of the death or loss is
assured is payable immediately after proof given or received to or by the
of the death or loss has been given to or insurers, whether by or from the
received by the insurers plaintiff, or any other person
68. By the assured to recover the premia paid Three Years When the insurers elect to avoid the
under a policy voidable at the election of policy
the insurers
69. Against a factor for an account Three Years When the account is, during the
continuance of the agency,
5 demanded and refused, or, where
no such demand is made, when the
agency terminates
70. By a principal against his agent for Three Years When the account is, during the
Compiled by: | Messrs Wong Ho Leng & Co. Advocates
No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

movable property received by the latter continuance of the agency,

and not accounted for demanded and refused, or where no
such demand is made, when the
agency terminates
71. Other suits by principals against agents for Three Years When the neglect or misconduct
neglect or misconduct becomes known to the plaintiff
72. To cancel or set aside an instrument not Three Years When the facts entitling the plaintiff
otherwise provided for to have the instrument cancelled or
set aside become known to him
73. To declare the forgery of an instrument Three Years When the issue or registration
issued or registered becomes known to the plaintiff
74. To declare the forgery of an instrument Three Years The date of the attempt
attempted to be enforced against the
plaintiff
75. For property which the plaintiff has Three Years When the plaintiff is restored to
conveyed while insane sanity and has knowledge of the
conveyance
76. To set aside a decree obtained by fraud, or Three Years When the fraud becomes known to
for other relief on the ground of fraud the party wronged
77. For relief on the ground of mistake Three Years When the mistake becomes known
to the plaintiff
78. For money paid upon an existing Three Years The date of the failure
consideration which afterward fails
79. To make good out of the general estate of Three Years The date of the trustee’s death, or, if
a deceased trustee the loss occasioned by a the loss has not then resulted, the
breach of trust date of the loss
80. For contribution by a party who has paid Three Years The date of the plaintiff’s advance
the whole amount due under a joint in excess of his own share
decree, or by a sharer in a joint estate who
has paid the whole amount of revenue due
from himself and his co-sharers
81. By a co-trustee to enforce against the Three Years When the right to contribution
estate of a deceased trustee a claim for accrues
contribution
82. For a seaman’s wages Three Years The end of the voyage during which
the wages are earned
83. For wages not otherwise expressly Three Years When the wages accrue due
provided for by this Schedule
6
84. By a mortgagor or charger after the Three Years When the mortgagor or charger re-
mortgage or charge has been satisfied, to enters on the mortgaged or charged
recover surplus collections received by the property
mortgagee or charge
Compiled by: | Messrs Wong Ho Leng & Co. Advocates
No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

85. For an account and a share of the profits Three Years The date of the dissolution
of a dissolved partnership
86. By a lessor for the value of trees cut down Three Years When the trees are cut down
by his lessee contrary to the terms of the
lease
87. For the profits of immovable property Three Years When the profits are received, or
belonging to the plaintiff which have been where the plaintiff has been
wrongfully received by the defendant dispossessed by a decree afterwards
set aside on appeal, when he
recovers possession
88. By a vendor of immovable property, to Three Years The time fixed for completing the
enforce his lien for unpaid purchase- sale, or, where the title is accepted
money after the time fixed for completion,
the date of the acceptance
89. For a call by a company registered under Three Years When the call is payable
any Ordinance
90. For specific performance of a contract Three Years The date fixed for the performance,
or, if no such date is fixed, when the
plaintiff has notice that
performance is refused
91. For the rescission of a contract Three Years When the facts entitling the plaintiff
to have the contract rescinded first
become known to him
92. For compensation for injury to the person Three Years When the injury is committed
including, where death results from such
injury, compensation to the family of the
deceased
93. For compensation for the breach of any Three Years When the contract is broken, or
contract, express or implied, not in writing where there are successive breaches,
and not herein specially provided for when the breach in respect of which
the suit is instituted occurs, or,
where the breach is continuing,
when it ceases
Part IV – Six Years
94. For compensation for the breach of a Six Years When the period of limitation
contract in writing would begin to run against a suit
brought on a similar contract not in
writing
95. For arrears of rent Six Years When the arrears become due
7 96. For compensation for infringing copyright Six Years The date of the infringement:
or any other exclusive privilege Provided that, where a cause of
action in respect of the conversion
or detention by any person of any
Compiled by: | Messrs Wong Ho Leng & Co. Advocates
No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

such copy or plate as is referred to

in subsection (1) of section 18 of
the Copyright Act, 1956, has
accrued under that subsection to the
owner of the copyright and, before
he recovers possession of such copy
or plate, a further conversion or
detention takes place, the owner of
the copyright shall not be entitled to
any rights or remedies in respect of
such further conversion or
detention after the expiration of six
years from the accrual in respect of
the original conversion or detention
97. Suit for which no period of limitation is Six Years When the right to sue accrues
provided elsewhere in this Schedule
Part V – Twelve Years
98. Upon a judgment obtained in Sarawak, or Twelve Years The date of the judgment or
any judgment within the meaning of the recognizance
Reciprocal Enforcement of Judgments
(Superior Courts) Ordinance, 1961,
registered in Sarawak pursuant to that
Ordinance, or a recognizance
99. For a legacy or for a share of a residue Twelve Years When the legacy or share becomes
bequeathed by a testator, or for a payable or deliverable
distributive share of the property of an
intestate
100. To establish a periodically recurring right Twelve Years When the plaintiff is first refused
the enjoyment of the right
101. To enforce payment of money charged Twelve Years When the money sued for becomes
upon immovable property due
102. To recover movable property conveyed or Twelve Years The date of the purchase
bequeathed in trust, deposited or pawned
and afterwards bought from the trustee,
depositee or pawnee for a valuable
consideration
103. To recover possession of immovable Twelve Years The date of the purchase
property conveyed or bequeathed in trust,
or mortgaged or charged, and afterwards
purchased from the trustee, mortgagee or
charge for a valuable consideration

8 104. Suit instituted by a mortgagee or charge, Twelve Years When the mortgagor’s or chargor’s
for possession of immovable property right to possession determines
mortgaged or charged
105. By a purchaser at a private sale for Twelve Years When the vendor is first entitled to

Compiled by: | Messrs Wong Ho Leng & Co. Advocates

No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak
 Limitation Ordinance (Sarawak) (Cap. 49)
An Ordinance to regulate the limitation of suits
[1st January 1959]

possession of immovable property sold possession

when the vendor was out of possession at
the date of the sale
106. Like suit by a purchaser at a sale in Twelve Years When the judgment-debtor is first
execution of a decree, when the judgment- entitled to possession
debtor was out of possession at the date of
the sale
107. By a purchaser of land at a sale in Twelve Years The date of the sale
execution of a decree for possession of the
purchased land, when the judgment-debtor
was in possession at the date of the sale
108. By a landlord to recover possession from a Twelve Years When the tenancy is determined
tenant
109. By a remainder-man, a reversioner, other Twelve Years When his estate falls into possession
than a landlord, or a devisee, for
possession of immovable property
110. For possession of immovable property, Twelve Years The date of the dispossession or
when the plaintiff, while in possession of discontinuance
the property, has been dispossessed or has
discontinued the possession
111. Like suit, when the plaintiff has become Twelve Years When the forfeiture is incurred or
entitled by reason of any forfeiture or the condition is broken
breach of condition
112. For possession of immovable property or Twelve Years When the possession of the
any interest therein not hereby otherwise defendant becomes adverse to the
specially provided for plaintiff
Part VI – Thirty Years
113. Against a depositee or pawnee to recover Thirty Years The date of the deposit or pawn
movable property deposited or pawned
Part VII – Sixty Years
114. By a mortgagee or charge for fore-closure Sixty Years When the money secured by the
or sale mortgage or charge becomes due
115. Against a mortgagee or charge, to redeem Sixty Years When the right to redeem or to
or to recover possession of immovable recover possession accrues
property mortgaged or charged

END
9

Compiled by: | Messrs Wong Ho Leng & Co. Advocates

No. 17, (1st & 2nd Floors),
Lorong Tuankus Osman 1,
96000 Sibu, Sarawak