Reported as: 2018 SKCA 74
Docket Number: CA18073 , CACV 3173
Court: Court of Appeal
- Civil Procedure � Appeal
- Civil Procedure - Costs
- Civil Procedure � Pleadings � Application to Strike Statement of Claim � Want of Prosecution � Delay
Digest: The appellants� claim was struck for want of prosecution after a Queen�s Bench Chambers application by the respondent. The appellants appealed. The Chambers judge found that there had been inordinate inexcusable delay given the claim was commenced in July 2003. Further, the Chambers judge found that the interests of justice did not recommend allowing the claim because two of the respondent�s witnesses had died and two had left the company. The Chambers judge did not award costs. The respondents requested costs of the Queen�s Bench matter and the appeal.
HELD: The appeal was dismissed. There was no error of legal principle, no disregard or misapprehension of a material fact, and the Chambers judge did not fail to act judicially. The Chambers judge cited the relevant authorities and also applied them properly. The appeal court did not accept the appellants� argument that they did not know they had an obligation to move the matter forward. A similar application had been made by the...