AMEGATCHER JSC:-
It is rare for a party who has had his appeal to an appellate court allowed to further appeal against the judgment in its favour to a second appellate court. But, this is what has happened in the current appeal before us. According to the appellants in paragraph 3 of their affidavit in support of an application for extension of time to file an appeal and later in their statement of case, though they were satisfied with the holding and final outcome of the appeal in the Court of Appeal, the legal reasoning behind the decision opened another door for the respondent to pursue a third leg of that litigation by the filing of another writ of summons and an injunction against them, thus allowing the litigation over the property to persist. We do not think the appellants can be faulted for this course of action. For when the legal reasoning behind a decision of court is faulty and will not end the litigation, it is within the right of any of the parties to challeng…