Appeal dismissed as set aside application against High Court order deemed misconceived

The Court of Appeal dismissed an appeal against a High Court judgment that had refused to set aside an earlier interlocutory order relating to possession of a property. The original High Court order refused the plaintiffs’ application for an injunction due to their failure to provide relevant evidence, despite being offered multiple opportunities to do so. When the plaintiffs sought to set aside this order under the Rules of the Superior Courts (Order 124), the High Court refused, holding that such procedures do not permit one High Court judge to set aside the decision of another except in exceptional circumstances, which were not present here. The Court of Appeal agreed, finding that the set aside mechanism was not applicable to the type of judicial order at issue, and confirming that the correct avenue was an appeal, which the plaintiffs had failed to take within the time allowed. The Court also noted multiple misunderstandings of legal procedure on the part of the applicants (who were mainly unrepresented), including their belief that legal arguments could stand as evidence. Ultimately, the appeal was dismissed and costs were awarded to the successful respondents, with a separate issue on costs for other defendants reserved for further hearing.