JUDGMENT
APALOO JA
This is an appeal from the decision of the Fast Track Division of the High Court dated 13/11/06. The Defendants/Respondents/Appellants who will hereinafter be referred to as Defendants filed 9 grounds of appeal, too numerous to be reproduced here. However his ground 1 was that the decision was against the weight of the evidence. Indeed the Defendants’ numerous grounds of appeal were an attack on the whole judgment inclusive of findings of fact made by the trial judge as well as in their view the trial judge’s failure to appreciate some aspect of the evidence led in the trial. The two additional grounds filed by the Defendants equally faulted the trial judge’s findings.
The Plaintiff/Respondent hereinafter to be referred to as Plaintiff swiftly filed 11 grounds in a cross-appeal. The cross-appeal likewise attacked the same judgment in its entirety both on the facts and evidence. The Plaintiff similarly faulted the trial Judge in his assessment of the evidence led before…