11Miscellaneous rules of law

11 Miscellaneous rules of law

[Section 11 Amended by S.R. 1977, No. 150 ]

(1)  [Section 11 Subsection (1) omitted by 26 Geo. V No. 38, s. 2 and Sched. 1 ].  .  .  .  .  .  .  .  

(2)  Except as provided by the Trustee Act 1898 , no claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations.

(3)  An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon a tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.

(4)  As from the commencement of the Legal Procedure Act 1903 , there shall not be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity.

(5)  *[Section 11 Subsection (5) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land, not being land under the provisions of the Land Titles Act 1980 , as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee, may sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person.

(6)  [Section 11 Subsection (6) omitted by 26 Geo. V No. 97, s. 2 and Sched. 1 ].  .  .  .  .  .  .  .  

(7)  Stipulations in contracts as to time or otherwise which would not, in the Supreme Court when exercising its jurisdiction in equity before the commencement of the Legal Procedure Act 1903 , or this Act, have been deemed to be or to have become of the essence of such contracts shall receive the same construction and effect as they would have received in such Court when exercising such jurisdiction before the commencement of the .