- Commenced on 1 January 1976
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Prescription Act [Chapter 8:11].
2. InterpretationIn this Act—“debt”, without limiting the meaning of the term, includes anything which may be sued for or claimed by reason of an obligation arising from statute, contract, delict or otherwise.
3. Application of Act
Part II – Acquisition of ownership of things by prescription
4. Acquisition of things by prescriptionSubject to this Part and Part V, a person shall by prescription become the owner of a thing which he has possessed openly and as if he were the owner thereof for—
5. Involuntary loss of possessionThe running of prescription shall not be interrupted by involuntary loss of possession if—
6. When completion of prescription delayed
7. Judicial interruption of prescription
8. Prescription uncompleted at 1st January, 1976A prescription which has not been completed at the 1st January, 1976, shall be governed by this Part in respect of the course of the unexpired portion of the period of prescription.
Part III – Acquisition and extinction of servitudes by prescription
9. Application of Part IIIThis Part shall not apply to public servitudes.
10. Acquisition of servitudes by prescriptionSubject to this Part and Part V, a person shall acquire a servitude by prescription if he has openly and as though he were entitled to do so exercised the rights and powers which a person who had a right to such a servitude would be entitled to exercise—
11. Extinction of servitudesA servitude shall be extinguished by prescription if it has not been exercised—(a)for an uninterrupted period of thirty years; or(b)in the case of a praedial servitude, for a period which, together with any periods for which such servitude has not been exercised by the predecessors in title of the owner of the dominant tenement, constitutes an uninterrupted period of thirty years.
12. Application of portion of Part II to this Part
Part IV – Prescrition of debts
13. Debts to which Part IV applies
14. Extinction of debts by prescription
15. Periods of prescription of debtsThe period of prescription of a debt shall be—
16. When prescription begins to run
17. When completion of prescription delayed
18. Prescription interrupted by acknowledgment of liability
19. Judicial interruption of prescription
Part V – General
20. Prescription to be raised in pleadings
History of this document
01 January 1976