LEGAL PRINCIPLE: APPELLATE PRACTICE – Want of Diligent Prosecution – Court Considers Totality of Party’s Conduct
PRINCIPLE STATEMENT
It is the totality of the conduct of the party in breach of the rules that the court will consider in exercising its discretion; conduct showing consistent and deliberate disregard of court rules from the beginning must be taken into account.
RATIO DECIDENDI (SOURCE)
"It is the totality of the conduct of the party in breach of the rules that the Court will take into consideration in exercising its discretion. The conduct of the appellants right from the time they were served with the writ of summons showed a consistent and deliberate disregard of the rules of both Courts (the High Court and the Court of Appeal). This must be taken into account in exercising the Court's discretion."
EXPLANATION / SCOPE
When assessing whether to dismiss for want of prosecution or grant extensions of time, courts examine the party’s entire litigation conduct, not isolated incidents. A pattern of consistent, deliberate rule violations throughout proceedings—from initial service through appeal—demonstrates contempt for court processes warranting sanctions. “Totality” means considering: frequency of violations, whether across multiple courts, presence of legitimate explanations, whether violations were inadvertent or deliberate, and prejudice caused. Persistent disregard suggests unwillingness to comply with rules and abuse of process. Courts exercise discretion more strictly against parties with patterns of non-compliance than those with isolated, excusable defaults. This holistic approach identifies serial violators and ensures indulgence isn’t granted to parties consistently flouting rules.