Section 125: Dismissal of action for want of prosecution—The plaintiff was injured

125. Dismissal of action for want of prosecution—The plaintiff was injured in a road accident which had occurred 22 years earlier. In 1984 the plaintiff commenced an action to recover damages from the defendants. The defendants sought dismissal of the case on the ground that one of the defendants and nearly all the eyewitnesses had died, and the police records could no longer be traced. HELD section 10 (8) of the Constitution imposes a duty on the Court to protect parties against prejudice resulting from delay. The Court will not tolerate a lengthier delay under section 10 (8) than would be tolerated under section 10 (1) in respect of criminal proceedings. The Court should, having regard to the consideration set down for criminal matters, determine whether the defendant can show on the balance of probabilities that he will not get a fair trial. Bundhoo v Bhugoo (1993).