Section 79 of Partnerships Act 16 of 2012: Amendment of Cap. 22

The Limitation of Actions Act is amended by inserting the following new section immediately after section 10โ€”
10A. Special time limit for secondary liability of partners
(1) An action to hold a partner personally liable under the law relating to partnerships for a partnership obligation may not be brought afterโ€”
(a) the date of the expiration of the period of limitation (if any)
applicable under this Act to an action against the partnership in respect of the partnership obligation; or
(b) if the date of judgement against the partnership establishing the partnership obligation is after the date referred to in paragraph (a), two years after that date.
(2) Subsection (1)(b) appliesโ€”
(a) whether or not there is an appeal against the judgment; and (b) whether or not execution of the judgment is stayed.
(3) Subsection (1) applies to a former partner as it applies to a partner.

Disclaimer: This document is not to be taken as legal advice.
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