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Court of Appeal dismisses an appeal against findings of the High Court in which the Appellant’s claim was dismissed for want of prosecution arising from issues pertaining to development of lands assisted by AIB, on the basis (1) it was inconceivable to view a delay of three and a half years, in proceedings which had commenced five and a half years after the event, “as anything other than inordinate” (2) many of the appellant’s personal events and circumstances advanced as an exculpatory factor for the delay, the Court found many of these predated the proceedings and no reason as to why it should concluded that the Trial Judge arrived at this conclusion erroneously, (3) on the balance of justice favoured the dismal of the proceedings for want of prosecution,
Practice and procedure – want of prosecution – Order 122 of the Rules of the Superior Court - delay – inordinate delay – inexcusable delay – balance of justice - delay – appeal against findings of the High Court - claim dismissed.
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