Dhand v McCrabbe

• Jurisdiction: Ireland
• Judgment Date: 01 January 1962
• Date: 01 January 1962
• Court: Supreme Court

(S.C.)

Dhand

and

McCrabbe

Failure to lodge book of documents - Jurisdiction - Dismiss for want of prosecution.

On the 15th of November, 1960, judgment was given in the High Court in favour of the plaintiff for a sum of £1,400 with costs, but a stay of execution was granted. The order was perfected on the following day. Notice of appeal was served by the defendant on the 30th November, 1960. As the appellant had failed to lodge the book of documents in the Supreme Court office, letters were sent to his solicitors by the plaintiff's solicitors on the 29th of September and the 16th of November, 1961, requesting them to do so. The documents had still not been lodged by the beginning of February, 1962, so the respondent on the 26th day of that month brought a motion in the Supreme Court to have the appeal dismissed for want of prosecution. The book of documents were lodged by the appellant on the morning of the hearing, the 13th April, 1962. Counsel on behalf of the appellant submitted that the Court had no...