JUDGMENT

Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] On Monday 21 April 2007 this court was moved for an order to admit a further record of appeal. We took the view, that having regard to the urgency of the matter, the motion should be treated as the appeal proper and we so directed. At the time we made that order we were unaware that the appeal records were indeed available already to us. This morning we have heard argument on the substantive appeal. In the circumstances we make an order in terms of the motion before us.

[3] On 2 April 1996 the respondent before us (plaintiff in the court below) filed an action against the appellant (defendant in the court below) for breach of trust. For convenience we will call this the first suit. On 12 August 1999 the High Court gave directions as to the conduct of that suit. The plaintiff did not comply with these directions. Then, on 9 March 2002 the High Court acting on a notice to show cause issued by it on 15 January 2002 made an order striking out the first suit. The respondent did not appeal against this order. Instead she filed a second suit against the appellant. This second suit was filed on 3 April 2002. On 19 April