Colonel F. J. G. Caspersz et al. vs Mrs. Mano Anandappa – CA 488/98 F -2013

In the matter between Colonel F. J. G. Caspersz (deceased), L. J. B. Caspersz, and others (Plaintiffs-Appellants) and Mrs. Mano Anandappa (Substituted-Defendant-Respondent), the court considered whether the appeal by the plaintiffs-appellants could be maintained in view of procedural inactivity following the original appellant’s death. It was held that due to repeated failure by the appellants and their heirs to take necessary procedural steps for substitution, and persistent absence and lack of representation, the appeal was to be dismissed without costs. The principle reaffirmed is that parties must demonstrate due diligence in prosecuting appeals and must promptly comply with procedural requirements for continuation of proceedings. The decision was guided by procedural fairness and the