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Section 21(2) of the Law of Limitation Act applies to exclude the time spent prosecuting previous proceedings involving the same parties and relief in good faith, and the application was therefore not time-barred.
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Section 19 of the Law of Limitation Act applies to Taxation Causes where the institution of the proceeding requires attachment of a judgment or decree, thus the time spent obtaining such documents must be excluded from the limitation period. The applicant filed the bill of costs within time.
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The period during which the plaintiff was prosecuting previous related proceedings is to be excluded from the computation of limitation, and after such exclusion, the suit was filed within the statutory period of 12 years; thus, the suit is not time barred.
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The High Court Land Division dismissed a land case as time-barred, finding the plaintiff had not shown due diligence and good faith to exclude prior proceedings.
The suit is not time barred because the period during which the plaintiffs were diligently prosecuting related proceedings is excluded from the limitation period. The court retains jurisdiction because the arbitration clause could not be implemented due to the defendants' refusal to cooperate, making arbitration impossible.
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The appellant failed to provide proof of a written request for copies of the judgment and decree, and thus cannot benefit from the automatic exclusion of time under section 19(2) of the Law of Limitation Act. The appeal was filed out of time and is therefore time-barred.
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Exclusion of time spent obtaining certified copies of judgment and decree is automatic under section 19(2) of the Law of Limitation Act; appeal was filed within prescribed forty-five day period from date of certification, thus not time-barred.
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The High Court Land Division held that this trespass claim was filed out of time and dismissed it. The plaintiff’s reliance on exclusion of time failed for lack of proper pleading.
The High Court struck out a land suit as time-barred, holding that even after excluding prior proceedings, it was still filed about 46 days late and lacked proper pleading for exemption.
The appeal was filed within the prescribed limitation period because the time spent waiting for certified copies of the judgment and decree was automatically excluded, as proven by documentary evidence, in accordance with section 19(2) of the Law of Limitation Act and binding Court of Appeal precedents.
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