Court refuses adjournment of appeal and directs release of digital audio recording

Court of Appeal – seeking adjournment of appeal pending determination of related proceedings – seeking DAR of High Court hearing – alleged fraud - gravamen of the 2023 proceedings revolve around claims relating to the realisation of the security for the company’s loan and the access to the 27 houses - trial judge was perfectly aware of -and had the Transfer Deed exhibited before him - of the fact that the bank transferred the property exercising its power of sale as mortgagee in possession but, nonetheless, accepted that it was entirely appropriate for the receivership to receive the monies and to make the distributions from the receivership from the sale of the property – whether he was right or wrong is a matter for the appeal - clearly addressed the relevant issues as part of his decision - not appropriate to grant the reliefs sought in this motion – appeal should proceed – no application made to the trial judge - direct that the DAR be released but on the basis that the absence of the DAR does not afford a basis for seeking to adjourn the appeal –