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April 17, 2014
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Suing for unpaid loan

A man who borrowed $100,000 from his cousin eight years ago has refused to pay him.

According to the lender, the money should have been repaid within six months, but it is now eight years and his cousin has refused to pay him.

"It is not that he cannot afford to pay me back the $100,000 I lent him eight years ago. Now he tells other relatives that I don't need the money," he said.

"When my cousin came to borrow the money, he said he wanted it to insure his minibus. I went to the bank, withdrew the money, and gave it to him. I told him to sign a promissory note as to when he was going to pay it back. He signed stating that it would be repaid within six months.

"I lent him the money because he told me that he was in the process of selling a lot of land. He said the sale was going to come through in a matter of weeks. It was on that basis that I Ient him the money.

"He sold the land, but he used the money to buy a motor car for his wife. It is now eight years and I am very fed up about the situation. When I ask him for my money, he gives me all kinds of excuses. I am so upset that he has refused to pay me my money.

"Last month, one of our cousins told me that he said he was not going to pay me because I don't need it. My wife said I have been waiting too long for the money so I should sue him for it. I am seriously thinking of taking him to court because I still have the promissory note," he said.

You have waited too long to sue your cousin for the money. There is a time limit in law to file civil suits. The Limitations of Actions Act states that a suit must be filed within six years of the cause of the action. It means that you cannot sue your cousin, because six years have passed since you lent him the money.

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