DEMAND AND PRESCRIPTION

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 Demand
• Purpose of a demand
– To safeguard summons costs – except where date
of payment is fixed
– To complete cause of action e.g.:
• Statutory notice requirements such as section 6 of the
State Liabilities Act, Chapter 8:14
• Where required by the agreement between the parties
• Where debtor must be placed in mora

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 Demand
• Form and Content of Demand
– Need not be in writing unless stipulated by statute or
agreement
– Can be by creditor himself/herself or someone
representing him/her
– Must give sufficient detail to enable the debtor to
know the basis of the claim
– Must give debtor reasonable time to comply or
comply with the time stipulated by statute or
agreement
– Not necessary to threaten legal action
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 Prescription
• Prescription Act, Chapter 8:11 (section 13)
– Debts owed to the state in respect of taxes, royalties,
tribute, share of profits – 30 years
– State loans or debts from sale or lease of land by the
state – 15 years
– Other debts owed to the state or debts arising from
bills of exchange or other negotiable instruments or
notarial contracts – 6 years
– Any other debt – 3 years except where an enactment
provides otherwise e.g. Section 70 of the Police Act,
Chapter 11:10; section 25 of the Road Traffic Act,
Chapter 13:11

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 Prescription
• Customary law
– No prescription for customary law claims