Description
Computing time under Section 21(1) of the Law Limitation Act- the former case was prosecuted in good faith and due diligence.
- According to section 21(1) of the Law of Limitation Act in computing the period of limitation prescribed in any suit the time during which the Plaintiff has been prosecuting with due diligence other civil proceedings whether in a court of first instance or in a Court of Appeal against the defendant such time shall be excluded.
- In order for section 21 of the Law of Limitation Act to apply and for the time spent in the prosecution of another proceeding to be excluded it has to be shown, inter alia, that other proceeding was prosecuted in a court which from defect of jurisdiction, was incompetent to entertain it.
- Also in order for time to be excluded the Plaintiff must show that he was prosecuting the former suit in good faith and with due diligence and that the two proceedings were founded on same cause of action.
