ACTIONABLE CLAIMS: AN ANALYTICAL STUDY

Abstract

Actionable claim is defined in Section 3 of the Transfer of Property Act as a ‘claim to any debt other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property or to any beneficial interest in the movable property not in the possession, either actual or constructive of the claimant which the civil courts recognize as affording grounds for relief, whether such debt, or beneficial interest be existent, accruing, conditional or contingent.’ 1 Accordingly, this mean, it excludes not only a claim to any immovable property for a debt but also a debt secured or any movable property in possession of the claimant. It follows, therefore that it is a claim for a simple debt or liability and which can be realized by a legal action. An actionable claim is called, in English Law, a chose in action or a thing in action as against a chose or money in possession. It denotes incorporeal personal property of all disciplines and an interest in corporeal personal property not in possession of the owner which accordingly can only be claimed or enforced in action. Therefore, while the different types of movable property governed by the Sale of Goods Act can be called as chose in possession, an actionable claim is also a type of movable property called chose in action. It is also a movable property because a debt is a property and anything which is not immovable property is movable property.