JUDGMENT
APPAU, JSC.
My Lords, the appeal before this Court is a simple marital property case arising from a divorce petition which, regrettably, celebrated its 21st birthday of its life in the courts on 19th December 2015. Its court age is therefore twenty-one (21) years, two (2) months and twenty-five (25) days as at today. The Petition was filed in the High Court on the 19th day of December 1994 by the man of the marriage; i.e. the husband.
The High Court delivered judgment in the case on 7th January 2008. The respondent (i.e. the wife) who is the appellant before us was not pleased at the way the trial court arrived at its decision. She consequently appealed against that decision to the Court of Appeal as was expected. However, almost two months after filing the notice of appeal, and before the parties could settle the conditions of appeal, the Petitioner/Respondent in the appeal (i.e. the man) died. He died on 22nd May 2010, (more than five years ago).
Considering the nature of the d…