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High Court refuses application to strike out the plaintiff bank's claim for summary judgment on the grounds of delay, finding that, although the delay was inordinate and that periods of it were inexcusable, the defendant had failed to demonstrate having suffered any prejudice as a result, and the balance of justice lies in favour of allowing the case to proceed; and the court directs that the matter be adjourned to plenary hearing.
Summary summons arising from unpaid home loans - plaintiff's motion seeking liberty to enter final judgement - defendant's motion seeking to dismiss plaintiff's claim for want of prosecution and/or on grounds of inordinate and inexcusable delay - whether defendant has established prejudice as a result of delay - application refused and matter adjourned to plenary hearing.
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