A case in which the High Court ordered a couple residing on Bureta Street to pay $236,000 to a woman is now going to the appeals court.
Puisne Judge Chaitanya Lakshman had made the award to Sushila Wati on behalf of her deceased husband Chandrika Prasad.
Mr Prasad was attacked by a dog owned by Doctor Ami Chandra and Mrs Chandra. The attack resulted in the man falling on the road that resulted in his death in 2020.
Mr and Mrs Chandra filed an application to seek leave to file an appeal.
“Having considered all the factors I find that the appeal if no stay is granted and the appeal is successful, will be rendered nugatory,” said Justice Lakshman in his June 10 ruling.
“The Plaintiff (Sushila Wati) resides overseas. If monies are paid out recovery of the money will be difficult. I have also considered that the monies could be paid into court. I would not order that.”
“The grounds of appeal were filed in time. I have briefly examined them. They should be heard and determined by the appellate court.”
“The Defendants must be heard and their grounds of appeal should be ventilated in the appellate court.”
“This matter deals with novel issues. The Plaintiff has a judgment in her favour. She needs confirmation from the appellate court to realize the fruits of her labour.”
“Some novel questions are raised. They need to be determined. I see no prejudice to the Plaintiff if stay of execution of judgment is granted.”
