You supplied the goods. You sent the invoices. You followed up politely, then firmly, then through a long string of “we will pay next month.” Years pass, and the customer still has not paid. Eventually a more uncomfortable question arises: is it too late to sue?
For many commercial debts in Zambia, that depends on a six-year deadline most businesses never think about until it is close to expiring.
What “time-barred” actually means
A limitation period is a legal deadline for starting court proceedings. Once it passes, the debt is described as time-barred, or statute-barred. This does not mean the debt has been cancelled, forgiven or has ceased to exist. The customer still owes the money. What the creditor loses is the ability to enforce it through the courts if the debtor relies on the time bar as a defence. The court does not raise the point on its own, but a debtor with proper legal advice almost always will.
Where the six years comes from
The Limitation Act 1939 of the United Kingdom applies in Zambia, as modified by the Law Reform (Limitation of Actions, etc.) Act. Section 2(1)(a) provides that actions founded on simple contract may not be brought after six years from the date the cause of action accrued. An ordinary supply of goods, a services agreement or an unpaid invoice will usually fall into this category. The Court of Appeal considered these provisions in Nampak Zambia Ltd v Nice Products Ltd (2025), a reminder that limitation arguments are raised in real commercial disputes.
The clock generally starts when the right to sue first arises. For an unpaid invoice, that is usually the date payment became due under the agreed terms, not the day you stopped chasing.
A practical example
A Lusaka supplier delivers K180,000 worth of building materials to a contractor in March 2019, with payment due within 30 days. The contractor promises payment repeatedly, and the supplier keeps waiting. By April 2025 six years have passed. If the supplier issues proceedings in 2026, the contractor can plead that the claim is time-barred, and the supplier may lose a debt that was genuine from the start.
It is not always exactly six years
The headline figure is a general rule, not an absolute one. A contract executed as a deed, for example, can attract a longer period under section 4 of the same Act, and the particular facts of each debt matter.
Certain events can also change the position. Under section 23(4), a written acknowledgment of the debt by the debtor, or a part payment, can restart the six-year period from that date. Disability (such as minority or unsound mind), fraud, concealment or mistake can postpone the start of the period. Chasing the debt or negotiating, however, does not generally stop time running, however cordial the discussions.
What businesses should do
First, treat the limitation date as a diary entry. Know when each debt fell due and when six years will expire.
Second, keep your paperwork: signed contracts, purchase orders, delivery notes, invoices, statements of account and correspondence. If a debtor acknowledges the debt or makes a part payment, make sure it is recorded in writing.
Third, speak to a lawyer early. A demand letter, a negotiated payment plan or court proceedings can all be considered long before the deadline becomes a problem. Waiting until year five leaves little room to manoeuvre.
The takeaway
A debt that is genuinely owed can still become very difficult to recover simply because action was delayed. The six-year rule rewards creditors who act promptly and keep good records. If you have an invoice that has been outstanding for some time, get legal advice on your position now rather than later.
Patrick Chulu Legal Practitioners (PC|LP)
Integrity • Courage • Excellence
📍 Close 1, Ibex Hill, Plot No. 487/100, Near Office of the Public Protector, Lusaka, Zambia
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Disclaimer: This article is for general information and does not constitute legal advice. For advice on your specific circumstances, consult a qualified legal practitioner.