Introduction

[1] Enclosure 2(a) is an application by the applicants who were the directors of the defendant for leave to appeal to the Federal Court under s 96(a) of the Courts of Judicature Act 1964 .

[2] To appreciate this application I shall commence by disclosing the facts of this case and shall in the course of this refer to the parties in their original capacity as in the Court of first instance.

Facts

[3] The plaintiff has instituted a writ action in the High Court against a housing development company (the defendant) for damages caused to his house which was adjacent to the land where the defendant was constructing 26 units of double story terrace houses. Aside from the damages sought, the plaintiff also prayed for injunction to restrain the defendant from (a) carrying out further development on the adjacent land and; (b) requiring the defenda