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The High Court struck out an appeal for want of prosecution and delay after more than two decades of inactivity, where the original plaintiff had obtained a judgment for possession of a property in 2001 and the original defendant, after serving a notice of appeal in 2003, took no further steps to prosecute the appeal before his death in 2019. The Court found that neither the death of the original parties nor ongoing or prospective related conflicts provided grounds for allowing the appeal to proceed, concluding that the delay was inordinate and unjustifiable, and that the substituted plaintiff was fully entitled to bring the application to strike out the appeal.
striking out appeal – want of prosecution – delay – default judgment – order for possession – substituted parties – estate – personal representatives – motion to strike out – equity civil bill – inordinate delay – locus standi – Kirwan v Connors test – Rules of the Superior Courts (RSC) – grant of representation
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