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leave granted to execute order of possession despite lapse of six years
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High Court grants an order for leave to issue execution of an order possession, despite lapse of six years, on the grounds that: (1) the appellant had tried to contact the defendants regarding the mortgage with a view to avoiding a forced sale; (2) some of the delay relates to the COVID-19 pandemic; (3) the threshold of establishing a good reason for explaining the failure had been met; (4) the delay in execution did not prejudice the defendants.
Mortgages - possession of property - execution - order 42, rule 24 of the Rules of the Superior Courts - order for possession - grant of leave to issue execution under Order 42 - rule 24 is discretionary - delay of six years - prejudice.
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