On the whole, the Decree is a convenient one which gathers together all the rules on limitation of actions in Ghana.  The periods of limitation for the various classes of actions are laid down in Part I of the Decree. Actions for slander and seduction, actions to recover contribution against concurrent wrongdoers and actions to recover civil penalties and forfeitures are barred after two years.

A three-year limitation period is laid down for tort actions in negligence, nuisance and breach of duty where the damages claimed include damages in respect of personal injuries and also actions for the benefit of the defendants of a deceased under section 16 of the Civil Liability Act, 1963.  Actions barred after six years include tort actions other than those already mentioned, actions in contract and quasi-contract, actions to enforce a recognizance, etc.  The limitation period for actions to recover land is twelve years.  The limitation periods for various other categories of actions are also laid down in Part I of the Decree.

By the application of the provisions of Part II of the Decree, the periods of limitation laid down in Part I may be extended. The grounds on which such extension may take place are disability (i.e. insanity and infancy) acknowledgement, part-payment, fraud and mistake. A period of disability is in general not to be taken into account in computing the relevant period of limitation. When a written acknowledgement is made and signed by its maker, the right of action in respect of which it is made is to be deemed to have accrued on the date of the acknowledgement and not before.  Again, with the part-payment of a debt, the limitation period is deemed to run a fresh from the date of payment. As regards fraud, if an action is based on the fraud of the defendant or his agent or the plaintiff’s right of action is concealed by the fraud of the defendant or his agent, the period of limitation is not to begin to run until the plaintiff has discovered the fraud.

Similarly, where an action is for relief from the consequences of mistake, the period of limitation is not to begin to run until the plaintiff has discovered the mistake. In both cases, however, the period of limitation will run from the time when, with reasonable diligence, the fraud or mistake should have been discovered, even though in fact neither was discovered.  Lastly, the three-year limitation period provided for under section 3 (1) for tort actions claiming damages for personal injuries may be extended for periods up to twelve months, with the leave of court, under circumstances described in detail in sections 23 to 25 of the Decree. Part III of the Decree applies it to arbitrations.