Limitation Act 1953

Limitation Act 1953 · Act 254
Akta Had Masa 1953
Applies to: Peninsular Malaysia (West Malaysia) only (s 1(2)); Sabah and Sarawak have their own limitation ordinances · Official text ↗

Key points

Claims in contract or tort (for example negligence, defamation, trespass) must be filed within 6 years from when the cause of action accrued (s 6(1)(a)).
Actions to recover land, to enforce a judgment, and to recover money secured by a charge on land have a 12-year limit (ss 9, 6(3), 21).
For hidden (latent) damage in negligence claims not involving personal injury, there is an extra 3 years from when you knew or should have known, with a 15-year long-stop (s 6A, in force 1 September 2019).
Time is extended for minors and people of unsound mind (s 24), postponed for fraud and mistake (s 29), and restarted by a written acknowledgment or part payment of a debt (ss 26 and 27).
Claims against public authorities for acts done under written law or public duty generally have a much shorter limit of 36 months under the Public Authorities Protection Act 1948 (s 2(a)).
Limitation is a defence: it only bars a claim if the defendant pleads it (s 4).

What this law covers

The Limitation Act 1953 (Akta Had Masa 1953) fixes the period within which a civil action must be started in court. The idea is that claims should be brought while evidence is fresh, and people should not live forever under the threat of old claims. The Act applies only in Peninsular Malaysia (s 1(2)). Sabah and Sarawak have their own limitation ordinances with different provisions, so check the local law there.

Limitation applies to civil claims, not to criminal prosecutions. Many other laws set their own shorter time limits, for example: the Civil Law Act 1956 (three years for a family's dependency claim after a death, s 7(5)), the Public Authorities Protection Act 1948 (36 months against public bodies), and specific periods for tribunals and employment claims. Where another written law sets a period, that law applies (s 3).

The main time limits

Type of claim	Time limit	Section
Contract or tort (e.g. unpaid debt, breach of contract, negligence, nuisance, defamation)	6 years from when the cause of action accrued	s 6(1)(a)
Enforcing an arbitration award; enforcing a recognisance; sums recoverable under a written law	6 years	s 6(1)(b)-(d)
Account	Matters arising more than 6 years before the action cannot be included	s 6(2)
Action on a judgment	12 years from when the judgment became enforceable	s 6(3)
Arrears of interest on a judgment debt	6 years from when the interest became due	s 6(3)
Penalty or forfeiture under a written law	1 year	s 6(4)
Recovery of land	12 years from when the right of action accrued	s 9(1)
Arrears of rent	6 years from when they fell due	s 20
Money secured by a mortgage or charge on land or other property, or proceeds of sale of land	12 years	s 21
Breach of trust (ordinary)	6 years; no limit for fraud by the trustee or trust property kept by the trustee	s 22
Share in a deceased person's estate	12 years (6 years for arrears of interest on a legacy)	s 23

The six-year rule in s 6 also applies, by analogy, to claims for equitable remedies such as specific performance or an injunction (s 6(6)).

Registered land. Section 9(2) says the 12-year rule does not affect the provisions of the National Land Code or apply against a registered proprietor, except as that Code allows. In practice, a squatter cannot obtain title to land registered under the National Land Code simply by occupying it for 12 years. See National Land Code.

When does time start running?

Time generally runs from the date the cause of action accrued:

Contract: from the date of the breach, not the date the contract was signed and not the date you discovered the breach.
Negligence and other torts needing damage: from when the damage occurred.
Torts actionable without proof of damage (for example trespass, or libel): from the date of the wrongful act.
Debts payable on demand: often from the date of demand, depending on the terms.
Land: from the date of dispossession or discontinuance of possession, with special rules for future interests, tenancies and forfeiture (ss 10 to 14).

Latent damage (s 6A). Until 2019, a negligence claim for hidden damage, such as cracks in a building that only appear years later, could be time-barred before the owner even knew about it. The Limitation (Amendment) Act 2018 added s 6A, in force from 1 September 2019. For negligence claims not involving personal injury, if the damage was only discovered, or reasonably discoverable, late, the claimant has 3 years from that "starting date" even if the six years have expired. Knowledge includes facts the claimant could reasonably have found out, including with appropriate expert advice. There is an overall long-stop of 15 years from the negligent act or omission. Interest on such damages may run from the starting date (Civil Law Act 1956, s 11(2)).

Extensions: disability, fraud, acknowledgment

Disability (s 24): a person is under a disability while a minor (under 18) or of unsound mind (s 2). If the person was under a disability when the right of action accrued, they may sue within 6 years from when the disability ended or they died, whichever is first (1 year for penalty and some revenue claims), even if the normal period has expired. Land claims are capped at 30 years (s 24(4)(c)). The extension does not apply if the right first accrued to someone not under a disability through whom the claimant claims (s 24(4)(a)).
Fraud, concealment and mistake (s 29): where the action is based on the defendant's fraud, the right of action was concealed by fraud, or the action is for relief from the consequences of a mistake, time does not start until the claimant discovered the fraud or mistake, or could with reasonable diligence have discovered it. This does not let anyone recover property from an innocent buyer for value who did not know of the fraud or mistake.
Acknowledgment and part payment (ss 26 to 28): if the debtor acknowledges a debt or other liquidated money claim, or makes a payment towards it, the right of action is treated as accruing afresh on the date of the acknowledgment or last payment. An acknowledgment must be in writing and signed by the person making it or their agent (s 27).

Claims against the government and public bodies

The Limitation Act applies to proceedings by or against the Government in the same way as between private parties, except where it says otherwise (s 33). It does not apply to Government claims for tax, duties and some forfeiture proceedings.

However, the separate Public Authorities Protection Act 1948 (Act 198) sets a shorter limit for actions against a public authority or public officer for acts done under a written law or in performance of a public duty or authority. Under s 2(a), such an action must be started within 36 months after the act, neglect or default complained of, or, for a continuing injury or damage, within 36 months after it ceases. Courts have applied this time bar strictly, including in claims by families of people who died in custody. If your claim involves the police, a hospital run by the Ministry of Health, a local council or another public body, take advice early.

How limitation works in court

Limitation does not stop you from filing a claim. It is a defence: under s 4, the Act is not a bar unless the defendant pleads it, as the rules of civil procedure require. If the defendant pleads limitation and the claim is out of time, the court will dismiss it, often at an early stage on a striking-out application. A time-barred debt also cannot be revived by a mere oral promise. Under the Contracts Act 1950, s 26(c), a written, signed promise to pay a time-barred debt is enforceable.

Practical tips:

Write down the date of the breach or damage as soon as you know of it.
Do not wait for negotiations to end. Negotiation does not stop time running unless there is a written acknowledgment.
File well before the deadline, because preparing a claim takes time.

See How a civil case runs.

Laws cited on this page

Act 67	Civil Law Act 1956 · Akta Undang-Undang Sivil 1956	Official text
Act 136	Contracts Act 1950 · Akta Kontrak 1950	Official text
Act 198	Public Authorities Protection Act 1948 · Akta Perlindungan Pihak Berkuasa Awam 1948	Official text
Act 254	Limitation Act 1953 · Akta Had Masa 1953	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 1(2)	The Act applies to West (Peninsular) Malaysia only.
s 2	A person is under a disability while a minor or of unsound mind.
s 4	Limitation is not a bar unless pleaded as a defence.
s 6(1)	6 years for contract, tort, recognisances, awards and sums recoverable under written law.
s 6(3)	12 years to sue on a judgment; 6 years for arrears of judgment interest.
s 6A	Latent damage in negligence (non-personal injury): 3 years from knowledge, subject to a 15-year long-stop (since 1 September 2019).
s 9	12 years to recover land; does not override the National Land Code for registered land.
s 20	6 years for arrears of rent.
s 21	12 years to recover money secured by a mortgage or charge.
s 22	Trust claims: no limit for trustee fraud or trust property kept; otherwise 6 years.
s 24	Extension for disability: 6 years from when the disability ends.
s 26	Acknowledgment or part payment restarts time.
s 27	An acknowledgment must be in writing and signed.
s 29	Time postponed for fraud, concealment and mistake until discovery.
PAPA 1948 s 2(a)	36 months for actions against public authorities for acts under written law or public duty.

Worked examples

Example 1: Old loan to a friend

Facts. In March 2019 Ravi lent his friend RM15,000, repayable by March 2020. The friend never paid. In May 2026 Ravi wants to sue.

The law. The claim is in contract, so the limit is 6 years from the breach, the failure to repay in March 2020 (s 6(1)(a)). The deadline was March 2026. But if the friend sent a WhatsApp message in 2023 admitting he owed the money, that may be a written acknowledgment that restarts time (ss 26 and 27), subject to it being signed or otherwise attributable to him.

Outcome. Without a written acknowledgment or part payment, the claim is probably time-barred if the friend pleads limitation. Ravi should collect any written messages or payment records and get advice quickly.

Example 2: Cracks found years later

Facts. Mr Tan's house was completed in 2014. In 2023 a surveyor finds serious structural cracks caused by negligent piling work, which could not reasonably have been spotted earlier.

The law. A negligence claim normally runs 6 years from when the damage occurred (s 6). Under s 6A, for latent damage not involving personal injury, he has 3 years from the date he knew or reasonably could have known, provided he sues within 15 years of the negligent work.

Outcome. Mr Tan should sue by 2026 (3 years from discovery in 2023), well within the 15-year long-stop. He should keep the surveyor's report showing when the damage became discoverable.

Example 3: Injured as a child

Facts. Siti was injured in a road accident in 2015 at age 10. Her parents never sued. She turns 18 in 2023.

The law. As a minor she was under a disability (s 2). Under s 24, she can sue within 6 years from when the disability ended, so until 2029, even though more than 6 years have passed since the accident.

Outcome. Siti can still bring a claim herself. Evidence from 2015 may be harder to find, so she should start soon. Insurance claims and other deadlines may differ.

Example 4: Suing a local council

Facts. Aminah's car is damaged in March 2024 when a council tree falls on it. She thinks she has six years to sue.

The law. Because the defendant is a public authority acting in performance of a public duty, the Public Authorities Protection Act 1948, s 2(a), applies: 36 months from the act, neglect or default.

Outcome. She must file by March 2027, not 2030. She should write to the council quickly and get advice.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

How long do I have to sue for breach of contract?

Six years from the date of the breach (s 6(1)(a)), in Peninsular Malaysia. Time runs from the breach, not from when you signed the contract or when you discovered the breach (except in cases of fraud or mistake under s 29).

Does the Limitation Act apply in Sabah and Sarawak?

No. Section 1(2) says it applies to West Malaysia only. Sabah and Sarawak have their own limitation ordinances, with some different periods. Check the local law or ask a lawyer there.

If the debtor admits the debt, does the clock restart?

Yes, if the acknowledgment is in writing and signed by the debtor or their agent, or if they make a part payment (ss 26 and 27). The right of action is treated as accruing afresh from that date.

Can a squatter get my land after 12 years?

For land registered under the National Land Code, s 9(2) says the 12-year rule does not apply against the registered proprietor except as that Code allows. A squatter does not gain title just by occupying registered land for 12 years. You should still act against trespassers promptly.

How long do I have to enforce a court judgment?

An action on a judgment must be brought within 12 years from the date it became enforceable, and arrears of interest on the judgment debt can only be recovered for 6 years (s 6(3)). Under the rules of court, leave may be needed to execute an older judgment. See Enforcing a judgment.

What if I did not know I had been cheated until years later?

Under s 29, where your claim is based on the defendant's fraud, or the fraud concealed your right of action, time starts only when you discovered it or could with reasonable diligence have discovered it. This does not help against an innocent buyer who paid value.

Is there a time limit for criminal cases?

The Limitation Act applies to civil actions. Criminal prosecutions generally are not subject to it, although some specific laws set their own time limits for prosecutions. Ask a lawyer about a particular offence.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

How a civil case runs Contracts Act 1950 Civil Law Act 1956 Specific Relief Act 1950 National Land Code (Revised 2020)Enforcing a judgment Courts and their powers