- Amalin Shahida
In Malaysia, the right to initiate a legal action is not indefinite. It is governed primarily by the Limitation Act 1953, which these time limits may result in your claim being time-barred.
When Does Time Start Running?
As a general rule, time begins to run when the cause of action accrues, i.e. when the wrongful act occurs.
Common Limitation Periods
- Breach of Contract
An action for breach of contract must be filed within 6 years from the date of breach, pursuant to Section 6(1) of the Limitation Act 1953.2
- Personal Injury (Negligence)
Similarly, claims for bodily injury must be commenced within 6 years from the date the injury occurred.
- Enforcement of Judgment
A judgment or court order may be enforced within 12 years. 3 However, if more than 6 years have lapsed, leave of court is required before an enforcement proceeding can be filed. To obtain such leave, an ex-parte application must be made under Order 46 Rule 3 of the Rules of Court 2012, supported by an affidavit explaining the delay. The court will only grant leave if the delay is satisfactorily justified.4
- Recovery of Land
Claims to recover land must be brought within 12 years from the date the right of action accrues.5 In inheritance cases, time begins from the date of death of the deceased.6
- Trust Property
Notably, claims based on trust are generally not subject to limitation periods, pursuant to Section 22(1) of the Limitation Act 1953.7
Exceptions: Fraud and Concealment
Where a claim involves fraud or concealment, the limitation period does not begin at the date of the wrongdoing, but from the date the fraud is discovered. This means that even if a contract was entered years earlier, the 6-year limitation period may only start when the fraud becomes known, under Section 29 of the Limitation Act 1953.8
Conclusion
The key takeaway is simple: timing is critical. Whether your claim relates to contract, negligence, land, or enforcement of judgment, each has its own limitation period.
Delaying legal action can permanently extinguish your right to sue. Therefore, it is always prudent to seek legal advice early to ensure your claim is filed within time.
1 Muhamad Solleh bin Saarani & Anor v Norruhadi bin Omar & Ors [2010] 9 MLJ 603
2 Section 6(1) of the Limitation Act 1953
3 Section 6(3) of the Limitation Act 1953
4 Affin Bank Bhd v Wan Abdul Rahman Wan Ibrahim [2003] 1 CLJ 826.
5 Section 9(1) of the Limitation Act 1953
6 Section 10(2) of the Limitation Act 1953
7 Section 22(1) of the Limitation Act 1953
8 Section 29 of the Limitation Act 1953
General Disputes Resolution and Appellate Division
General Disputes Resolution and Appellate Division
General Disputes Resolution and Appellate Division
General Disputes Resolution and Appellate Division
This article is prepared and published by
Messrs. Ben Lee & Sharen
Advocates & Solicitors