Defamation proceedings were out of time

Defamation - n the 10th day of March 2014 the plaintiff applied for an order under section 11(2)(c)(ii) of the Statute of Limitations, 1957 (“the Act of 1957”), as substituted by section 38(1) of the Defamation Act, 2009 (“the Act of 2009”), giving him leave to commence defamation proceedings outside the period of one year from the date of accrual of his cause of action, as provided in section 11(2)(c)(i) of that Act - plaintiff’s said application was made ex parte, whereas under Order 1B, rule 3(2) RSC such an application must be brought on notice to the proposed defendants - plaintiff’s error in this regard was brought to the Court’s attention by his Counsel on the 14th March 2014 - the Court allowed the order to stand, but subject to any application that might be made by the defendants to set aside that order once they were served with the proceedings - present application to set aside the ex parte order has been brought by the defendants - in his first affidavit the plaintiff has stated that he first became aware of the defamatory allegations on the 16th March 2012 - order made by this Court on foot of an ex parte application should be set aside - plaintiff’s proceedings should be struck out as they ought never to have been permitted to have been issued.