Confronting the Elephant of Prescription in Debt Recovery by Lincoln Majogo.
Lending and borrowing credit are vital activities
for the economy and so are transactions that create debts. In my previous
articles, I have referred to the term “prescription”.
This refers to the expiry of the right to claim a debt. This is to say, the
time within which a creditor can claim and recover a debt. If the creditor
fails to exercise this right, their claim becomes prescribed or expires subject
to a few exceptions provided by the law. This short article will only deal with how the aforesaid prescription is activated.
In Zimbabwe, the prescription of debts is governed
by the Prescription Act [Chapter 8:11]. There are various prescription
periods for different debts these being 30 years, 15 years, 6 years, and 3
years. There are mainly 3 ways in which
prescription is initiated and these are;
·
When the debt becomes due. This is to say
where there is an agreement that specifies when the debtor is obliged to pay
the debt or when a creditor can demand payment. As soon as the debt becomes
due, the creditor may claim this debt within 3 years failure of which the claim
becomes prescribed or expires.
·
Upon demand. When a creditor makes a demand
which can either be oral or written for the payment of their debt.
·
Within a reasonable time. The court in Asharia
v Patel & Ors 1991(2)ZLR 276 (S) held that “The general rule is
that where the time of performance has not been agreed upon by the parties,
performance is due immediately on conclusion of their contract or soon
thereafter as is reasonably possible in the circumstances.”
It must be emphasized that there are various
exceptions to the points made above. However, these are not the subject of
today’s article. It is key in an environment where people are constantly doing transactions
to understand the law of prescription to better protect and assert their rights.
About the author
Lincoln
is a registered legal practitioner, notary public, and conveyancer currently practicing
in Zimbabwe. He writes in his personal capacity.
Disclaimer
The
contents and suggestions contained in this article are for information purposes
only and are not for the purpose of providing legal advice. If need be, you
should contact the author to obtain advice with respect to any particular issue
or problem aforementioned herein. Contact details: Cell +263 718832210 Email:
LincMajogo1@gmail.com.
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