METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD CIVIL APPEAL No. 266 OF 2019.

Abstract

(i) Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii) The exclusion is automatic as long as there is a proof on the records of the dates of the critical events for the reckoning of prescribed limitations period. (iii) Section 19(2)(3) of the Act allows automatic exclusion of the period of time requisite for obtaining a copy of decree or judgement appealed from the computation of the prescribed limitation period.