JUDGMENT OF THE COURT
We owe this brief explanation why an appeal initiated by a notice of appeal on 2 nd August 2000 is being decided in 2014, fourteen (14) years later.
Apart from numerous adjournments obtained at the behest of both sides the court heard and determined three (3) interlocutory applications in respect of this appeal between April 2002 and March 2012. In addition, the respondents at some stage changed their advocates.
With that brief explanation, we turn to the background of this long-drawn family dispute. The appeal arises from the decision of the High Court (O’Kubasu, J, as he then was) striking out the suit in respect of the claims brought by the appellants.
The appellants, Sultan Hasham Lalji, Bahadurali Hasham Lalji and the late Esmail Hasham Lalji are brothers to the 1st and 2nd respondents, Ahmed Hasham Lalji and Diamond Hasham Lalji. The appellants together with Atta (1974) Limited (the company) brought an action against the 1st and 2nd respondents along with a com…