22 September 2022 Court of Appeal Hearing

Dear Friends and Supporters, I hope you all are well as in the current dangerous and sad situation.

Our battle-ordeal continue, after it all started in September 2013 in case of UBS.

Last week was eventful – we had our piece of bitterness – after four years and seven months of waiting, our motion of 15 February 2018 was finally heard .

The motion contains four applications which we called erroneously interlocutory:

1. for review by the panel of the refusal of a stay for possession order

2. for remission  of the fees and access to justice 

3. for permission to rely on all seven grounds of appeal

4. for pronouncement on law in four different points, such a s availability of the summary judgment for possession of residential land (prohibited by rules) , special relationships between mortgagor and mortgagee.

All four applications were dismissed and I was not allowed to read my submissions and to advance applications 2 and 4.

Our Affidavit were we provided a proof of illegality and unlawful eviction was not heard either.

The other side moved on a Notice of Preliminary Objection, as if our case was heard and decided, and came with the skeleton arguments without any support in law and delivered blatantly lying facts to the court.

Our arguments that the Court heard our case only on one narrow point, which the Court agree and repeated itself many times, but since there still be pending our Notice of Motion from 17 February 2020 which will open the issue to be heard on all grounds and in the meantime it was just and lawful to stop injustice and unnecessary suffering to our children and us, was dismissed.

To say that it is bitter would be less than an accurate picture of what happened.

We are waiting for the ruling now.

I hope to see the basis in law of how the court has allowed to proceed with our eviction on a defective order (without the hearing) and on wrongful execution (now confirmed by the order of the Supreme Court rewarding us with some compensation) and was not willing to stop this injustice now.

We will continue to fight, we still have different possibilities even in the Court of Appeal and we hope now that our Motion to Appeal of February 2020 wil finally receive a date for the hearing.

In the meantime I wish all of you to continue to be well, to trust that justice always wins and to enjoy the coming weekend for what is possible with all that we are experiencing in the world now.



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