Application to set aside order for possession refused as court upholds finality of concluded litigation

The High Court refused the defendant's appeal seeking to set aside an order for possession of a property, originally granted in Circuit Court possession proceedings brought by the plaintiff. The defendant, who acted in person throughout, argued that jurisdictional challenges could be raised at any stage and that the Circuit Court order was a nullity due to alleged jurisdictional defects. However, the High Court held that the application was misconceived, as there was no fundamental denial of justice, the opportunity to appeal had not been used, and the defendant was attempting to re-litigate matters already determined. The court emphasised that the exceptional jurisdiction to set aside final orders does not exist to allow dissatisfied parties to re-argue issues or to frustrate concluded litigation, especially where the possession order had already been executed and the property had changed hands.