O'Kelly [As Personal Representative of the Estate of O'Kelly] v McGovern [As Personal Representative of McGovern] (Approved) [2025] IEHC 704 (05 December 2025)

O'Kelly [As Personal Representative of the Estate of O'Kelly] v McGovern [As Personal Representative of McGovern] (Approved) [2025] IEHC 704 (05 December 2025)

The defendant's appeal was struck out due to gross and inordinate delay exceeding 20 years, with no explanation or activity to prosecute the appeal, and the original plaintiff having died. The plaintiff had standing as he was substituted by court order and inherited the benefit and burden of the original judgment. The principles in Kirwan v Connors mandated dismissal in these circumstances.

Citation
[2025] IEHC 704
Parties
Plaintiff/respondent: Grellan O'Kelly (as personal representative of the estate of Marie Lucy O'Kelly); Defendant/appellant: Niall McGovern (as personal representative of the estate of Raymond McGovern)
Jurisdiction
Ireland
Judgment Date
05 December 2025
Procedural Posture
Appeal / Motion to Strike Out Appeal for Want of Prosecution and Delay
Outcome
defendant's appeal struck out for want of prosecution and delay
Legal Topics
Delay in Prosecution, Appeal, Possession of Property, Personal Representatives, Substitution of Parties
Civil Procedure Property Law Delay in Prosecution Appeal Possession of Property Personal Representatives Substitution of Parties

Case Brief

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Parties

Grellan O'Kelly (as personal representative of the estate of Marie Lucy O'Kelly)

Plaintiff/respondent

Niall McGovern (as personal representative of the estate of Raymond McGovern)

Defendant/appellant

Procedural Posture

Appeal / Motion to Strike Out Appeal for Want of Prosecution and Delay

Legal Issues

  1. 1 Whether the defendant's appeal should be struck out for want of prosecution and delay
  2. 2 Whether the plaintiff has standing to bring the application without a grant of representation to the estate of Charles McGovern
  3. 3 Effect of prolonged inactivity on the right to prosecute an appeal

Ratio Decidendi

The defendant's appeal was struck out due to gross and inordinate delay exceeding 20 years, with no explanation or activity to prosecute the appeal, and the original plaintiff having died. The plaintiff had standing as he was substituted by court order and inherited the benefit and burden of the original judgment. The principles in Kirwan v Connors mandated dismissal in these circumstances.

Court Disposition

defendant's appeal struck out for want of prosecution and delay

Orders

  • Defendant's appeal struck out
  • Reliefs sought by plaintiff in notice of motion dated 28 May 2024 granted