' Ruling on oral application for adjournment by the 1st Defendant in respect of non appearance by the 2nd, 3rd, and 3rd Party on the day scheduled for hearing:
The 1st Defendant raised a question as to whether or not the other Defendants had been served and requested an adjournment. Upon perusal of the court record, it is evident that the Second Defendant, Third Defendant, and the Third Party have not been participating in these proceedings. They have not been attending court for mention of directions for over 3 years at the very least.
The record further shows that they were duly served at the commencement, and thereafter did not participate in prior interlocutory matters, appear for mention for directions, or even participate in the 1st Defendant’s most recent application dated 6th November 2023. It is therefore apparent to this court that those parties have lost interest in defending or participating in the present matter.
Accordingly, the Court shall proceed with the hearing of the main suit on the basis that the Plaintiff’s primary claim lies against the First Defendant, who is present and represented and has indicated that it is ready to proceed.
The parties present today have filed their respective pleadings and documents, and this matter, having been pending for over twenty-five years, shall proceed to hearing without further adjournment.
Finally, I find that more prejudice will be occasioned by delay in the prosecution of the case, than in adjourning it. I therefore decline to adjourn the matter merely because some of the defendants have failed to participate for several years.
'
The 1st Defendant raised a question as to whether or not the other Defendants had been served and requested an adjournment. Upon perusal of the court record, it is evident that the Second Defendant, Third Defendant, and the Third Party have not been participating in these proceedings. They have not been attending court for mention of directions for over 3 years at the very least.
The record further shows that they were duly served at the commencement, and thereafter did not participate in prior interlocutory matters, appear for mention for directions, or even participate in the 1st Defendant’s most recent application dated 6th November 2023. It is therefore apparent to this court that those parties have lost interest in defending or participating in the present matter.
Accordingly, the Court shall proceed with the hearing of the main suit on the basis that the Plaintiff’s primary claim lies against the First Defendant, who is present and represented and has indicated that it is ready to proceed.
The parties present today have filed their respective pleadings and documents, and this matter, having been pending for over twenty-five years, shall proceed to hearing without further adjournment.
Finally, I find that more prejudice will be occasioned by delay in the prosecution of the case, than in adjourning it. I therefore decline to adjourn the matter merely because some of the defendants have failed to participate for several years.
'