JCW

[Action against bank to set aside the Order for Sale in a foreclosure proceeding] Justin was the counsel for the plaintiffs. In allowing the plaintiffs’ claim with costs after a Full Trial, the High Court held amongst others that:- (i)The question of res judicata did not arise at all as the cause of action in this case was different from the foreclosure action and any other action between the parties; (ii)Since the purchase monies had been paid in full to the first defendant by the plaintiffs, the burden shifted to the defendants to account for the monies. Note: A retrial was ordered in respect of the above case which judgment was set aside following an appeal to the Court of Appeal.