SDC FINANCE & LEASING (PLAINTIFF) vs. CONSTRUCTION FATHERS LTD AND JASPER YARTEY (DEFENDANTS)

From time to time cases come before the courts that try the patience of even the most phlegmatic of judges. This, I fear is one of them. On the one side there is a determined litigant who suffers from an implacable belief that his case has not been dealt with justly. On the other is a purchaser for whom these proceedings have been dragging on for far too long. One may regret the situation in which the purchaser finds themselves. Our basic common law rule that a party is entitled to a fair hearing applies not only to those whom the court finds it easy to deal with, but to everyone. In this application the defendants/applicants pray the court to stay the execution of its ruling dated 5th November, 2015 pending appeal. Let me briefly state the facts giving rise to the present application. The plaintiff in the substantive action obtained judgment against the defendants/applicants (herein after called the defendants). The 2nd defendant’s property situate at plot no. 595, Block 12.....