[1] The Plaintiff's suit was struck out by Order of the Court on 3 October 2023 ("Order") due to non-compliance by the Plaintiff with pre-trial case management directions to file witness statements before 28 August 2023. The Order was made on day 2 of what would have been the trial of the suit. There was a procedural history before the Order that I do not need to go into.

[2] The Plaintiff applied vide encl 149 to set aside the Order dated 3 October 2023 and vide encl 151 to reinstate the suit. I dismissed both applications on 10 December 2024 based on a preliminary objection raised by the Defendant that the Court was functus officio to decide encls 149 and 151. The Plaintiff has appealed.

[3] The appeal raises a straightforward question of whether the proper mode of challenging the dis