JuDGMENT

Eusoffe Abdoolcader J:

The Issue

No notice of trial has been given, no summons for directions issued, no discovery made and no steps whatsoever taken to set the action down for trial and proceed to a conclusive determination of the proceedings - all this coming on to 7 years after the institution of the suit which itself was some 10 years after the initial accrual of the cause of action on which the appellant's writ was founded, an aggregate of wellnigh 17 years. In the event the 2nd respondent with the ardent support of the lst respondent applied by summons on 5 May 1980 for the action to be dismissed for want of prosecution and B.T.H. Lee J acceded thereto and made an order accordingly on 18 October 1980.

The question for determination in this appeal is whether in the circumstances of this case in the light of the relevant principles of law there are any grounds for us to interfere with the exercise of his discretion by the learned Judge in making the order that he did.

The Law

It would perhaps be more convenient and appropriate in this case to transpose the normal sequence and deal with the principles of law arising for consideration and application to the facts of the