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High Court refuses application for an extension of time for the lodging of an appeal of an order for possession of a property, granted in the Circuit Court, on the grounds that the defendant had failed to identify any arguable grounds of appeal, and it would not be in the interests of justice to grant an extension of time in circumstances where the appeal could not succeed.
High Court - application to extend time for the lodging of an appeal against an order of the Circuit Court - order required the defendant to return possession of a property in Westmeath to the plaintiff - defendant did not lodge an appeal against that order within the 10 day period prescribed by Order 61 of the Rules of the Superior Courts - plaintiffs had been sued in capacity as personal representatives of a deceased person - deceased died in 2019 - judgment entered in the Circuit Court against defendant in default of appearance in May 2021 - no application made to Circuit Court to set aside the default judgment - legal principles - defendant alleged that the last will and testament of the deceased had been procured by undue influence but accepted that he was now out of time to bring any challenge to the validity of the will - no jurisdictional basis to adjourn the matter - no impediment to the enforcement of the order for possession granted by the Circuit Court - application refused
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