ABSTRACT

In most jurisdictions of the region, there are two sources of power to dismiss. The first is the rules80 and the second is the inherent jurisdiction of the court. The principles on which the court exercises its discretion to dismiss under the rules is the same as when it is acting under its inherent jurisdiction. In practice, there is no distinction between the two types of application. Where the rules apply, it is common to include an application under the inherent jurisdiction as well. In order to succeed, the following must be shown: (a) prolonged delay by the plaintiff; (b) that the delay is inexcusable; (c) that the delay prejudices the fair trial of the action; and (d) (normally,) that the limitation period has expired.81