Section 29: Limitation period

29. Limitation period (1) Subject to subsection (2), no proceedings shall lie for— (a) the recovery by a moneylender of any money lent by him or of any interest in respect of the loan; or (b) the enforcement of any agreement made or security taken in respect of any loan made by him, unless they are commenced before the expiry of 5 years from the date on which the cause of action accrued. (2) (a) Where during the period of 5 years or at any time within any subsequent period during which proceedings may by virtue of this section be brought, the debtor acknowledges in writing the amount due, and gives a written undertaking to the moneylender to pay that amount, proceedings for the recovery of the amount due may be brought at any time within a period of 5 years from the date of the acknowledgment and undertaking. (b) The time limited by this section for the commencement of proceedings shall not begin to run in respect of any payment becoming due to a moneylender under a contract for the loan of money until a cause of action accrues in respect of the last payment becoming due under the contract. (c) Where at the date on which the cause of action accrues or on which any acknowledgment and undertaking referred to in paragraph (a) is given by the debtor, the person entitled to take the proceedings is non compos mentis, the limitation period for the commencement of proceedings shall not begin to run until that person ceases to be non compos mentis or dies, whichever first occurs. (d) Where at the date on which the cause of action accrues or on which any acknowledgment and undertaking referred to in paragraph (a) is given by the debtor, the debtor is not within Mauritius, the limitation period for the commencement of proceedings shall not begin to run until he returns to Mauritius.