Introduction

[1] In the High Court, the respondent sued both the appellants for specific performance or damages for breach of contract under a written agreement for the sale and purchase of a property belonging to the appellants, which was damaged by a fire after a deposit was paid but before the balance of the purchase price was due to be paid.

[2] The appellants in turn brought a counterclaim for what they alleged to be a breach of contract on the part of the respondent.

[3] We shall be referring to parties in this judgment in their respective capacity in the High Court, that is to say, the appellants as the defendants and the respondent as the plaintiff.

[4] The High Court had, after a full trial with three witnesses from the plaintiff and four witnesses from the defendants, allowed the plaintiff's claim. As for the defendants' counterclaim, it was dismissed.

[5] Aggrieved by the decision of the High Court,