ARRANGEMENT OF SECTIONS
1. Short title
3. Acquisitive prescription
4. Extinctive prescription
5. Application of two or more periods
6. Beginning of prescription
7. Interruption of prescription
8. Suspension of prescription
10. Disability of creditor
11. Absence of debtor
12. Application of Act
13. Action on an account
14. Application to State
15. Saving of immovable property of tribes
16. Prescription to be raised in pleadings
17. Enactments ceasing to apply in Botswana
Proc. 76, 1959,
Law 30, 1962,
L.N. 84, 1966,
S.I. 96, 2006.
An Act to amend the law relating to prescriptions.
[Date of Commencement: 4th December, 1959]
This Act may be cited as the Prescriptions Act.
In this Act, unless the context otherwise requires-
"action" means any legal proceedings of a civil nature brought in a competent court in Botswana for the enforcement of a right but does not include any legal proceedings founded on customary law;
"creditor" means a person by whom a right is enforceable by action;
"debtor" means a person against whom a right is enforceable by action;
"oral contract" means any contract other than a written contract;
"person under disability" means-
(a) a minor;
(b) any person under curatorship;
(c) in the case of an action between spouses both the husband and the wife, unless they are living apart; and
(d) in the case of an action between partners in respect of rights arising out of the partnership, each partner for so long as he remains a member of such partnership;
"prescription" includes acquisitive and extinctive prescription;
"written contract" includes a contract of which the terms to be proved in order to establish the claim in issue are in writing if such writing is admissible in evidence.
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