Gopal Sri Ram JCA:

Introduction

[1] This is an appeal from the decision of Chan J (now JCA) given on 12 July 1994, whereby he dismissed an application by the appellant to remove a caveat lodged by the respondents against the appellant's title to certain property. We heard this appeal on 14 & 15 February 1995 and reserved our decision to 16 February, when we unanimously allowed it and made certain consequential orders We indicated to Counsel that reasons will be given and these are now produced.

[2] Now, when I first read the record of appeal, I formed the view that this was a tolerably plain case. I must say that at the conclusion of two days of argument, accompanied by the copious citation of authorites, and after the dust of vigorous conflict had settled, my initial view remained unchanged. The appeal remained what it had always been: a tolerably plain case. Accordingly, I was first minded to deal shortly with the one point of any importance in this appeal. But I decided against such a course for that would have meant disregarding, almost entirely the efforts of Counsel who appeared before us: and that to my mind did not seem fair I have therefore chosen a more arduous route