Update On The Skye bank V. Tuns Farms Case
According to sources, a Notice of Appeal and stay of execution of judgment with an omnibus ground have been filed.
Here, the trial court based its finding on particulars of special damages that never existed in the statement of claim of the customer. The Appeal Court , despite holding earlier that it was not part of the record of proceedings, still went ahead to sustain the special damages. Not only that, the valuation report on which the court based its special damages was tendered by a person that the bank’s solicitor had no opportunity to cross examine. Yet the court relied on his evidence and the court of appeal upheld it.
The Respondent believe strongly that the Supreme court will upturn the decisions of the court of appeal due to all these errors and other. Meanwhile the bank’s Solicitors are currently preparing additional grounds of appeal for further filing as allowed by law.
With the steps already taken, parties are required to maintain status quo, particularly the judgment creditor, is prevented from taking any step towards the realization of the judgment until the motion for stay and the appeal are determined.