The Caribbean Court of Justice broadcasts hearings live from Courtroom 1 as a service to the public. In addition, all CCJ hearings are recorded and can be viewed on this page.
| Date/Time | Application Number | Parties/ Description | Case Summary | Broadcast |
|---|---|---|---|---|
| July 05, 2017 9:30am | BZCR2015/001 BZCR2015/002 | Gregory August v The Queen Alwin Gabb v The Queen | The matter is a consolidation of appeals from Belize brought by Gregory August and Alwin Gabb. Both were convicted of murder in separate cases and sentenced to life imprisonment. The central issue uniting both appeals is that of the constitutionality of the mandatory minimum life sentence imposed on them. | View Now |
| July 07, 2017 10:00am | GYCR2016/001 GYCR2016/002 | James Anthony Hyles v The Director of Public Prosecution of Guyana Mark Royden Williams v The Director of Public Prosecution of Guyana | This is a consolidation of appeals from Guyana brought by Mark Williams and James Hyles against the decision of the Court of Appeal which ordered their retrial. Both men previously went on trial for 11 counts of murder arising from one incident. | View Now |
| July 05, 2017 1:00pm | BZCV2011/002 BZCV2014/005 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd v The Attorney General of Belize The Minister of Public Utilities | View Now | |
| October 12, 2017 1:00pm | GYCV2017/004 | Rosemarie Ramdehol v Haimwant Ramdehol | The case concerns the division of business and personal assets between two former spouses arising from their divorce in 1998 and determining whether a letter detailing the division of these assets in 2012 is binding. | View Now |
| October 17, 2017 10:00am | BZCV2017/001 | The Belize Bank Limited v The Attorney General of Belize | An appeal from Belize brought by the Bank challenging the Court of Appeal’s decision to refuse to grant an order permitting it (the Bank) to enforce a 2013 arbitral award. The Government resists on public policy grounds. | View |
| October 19, 2017 9:00am | CONSOLIDATED APPEALS BZCV2011/002 BZCV2014/004 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd V The Attorney General of Belize The Minister of Public Utilities | The parties are seeking the Court’s interpretation of the terms of a Settlement Agreement (attached as a Schedule to the Telecommunications Acquisition Settlement Act No 14 of 2015) made between them on September 11, 2015 for compensation to be paid by the Government of Belize for the compulsory acquisition of shares in Belize Telemedia Ltd and associated securities and companies. | View |
| October 23, 2017 11:00am | BZCV2014/002 | The Maya Leaders & Ors v The Attorney General of Belize | On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. This hearing is to provide a status update to the Court on the progress made in implementing the Consent Order. | View |
| October 30, 2017 10:00am | GYCV2017/006 | THE ATTORNEY GENERAL OF GUYANA v DIPCON ENGINEERING | The Attorney General of Guyana is seeking to overturn the decision of the Court of Appeal, to disallow an extension of time to file an appeal, on the basis that there were outstanding circumstances that resulted in the government’s delay of seven months. | View |
| October 30, 2017 3:00pm | BZCV2014/002 | THE MAYA LEADERS & ORS v THE ATTORNEY GENERAL OF BELIZE | A post-judgement hearing continues, following the one held on October 23rd 2017, to determine next steps after a consent order was made for the Government of Belize to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| November 01, 2017 11:00am | CONSOLIDATED APPEALS BZCV2011/002 BZCV2014/004 BZCV2014/008 | DEAN BOYCE, TRUSTEES OF THE BTL EMPLOYEES TRUST & DUNKELD INT. INV. LTD v THE ATTORNEY GENERAL OF BELIZE & THE MINISTER OF PUBLIC UTILITIES | Judgment will be delivered in this matter that concerns the terms of a Settlement Agreement for compensation to be paid by the Government of Belize for the compulsory acquisition of shares in Belize Telemedia Ltd and associated securities and companies. | View |
| November 07, 2017 11:00am | BZCV2016/002 | PROGRESSO HEIGHTS LTD v PITTS & ELRINGTON WILFRED ELRINGTON | This is the hearing of a post-judgment application made by the Appellant after the Court entered judgment in August 2017 ordering the Respondents to deliver certain land transfer documents to the Appellant. The Second Respondent has informed the Court that having conducted a search, he was unable to locate the relevant land transfer/title documents. | View |
| November 22, 2017 11:00am | BZCV2017/001 | The Belize Bank Limited v The Attorney General of Belize | Judgment will be delivered in this matter brought by Belize Bank challenging the Court of Appeal’s refusal to grant an order permitting the Bank to enforce a 2013 arbitration award against the Government of Belize, who resist on public policy grounds. | View |
| December 01, 2017 1:00 pm | GYCV2017/009 | Wayne Vieira v Guyana Geology and Mines Commission | Mr Wayne Vieira, a gold miner, has appealed against the decision of the Court of Appeal of Guyana to reverse the decision of the High Court which had quashed a Cease Work Order issued against him on November 26, 2010, on the grounds that the Order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010. | View |
| December 06, 2017 9:30 am | GYCV2017/007 & 009 | Blairmont Rice Investments Inc v Kayman Sankar, Kayman Sankar Investments Limited and Beni Sankar & Wayne Vieira v Guyana Geology and Mines Commission | Judgment will be delivered in this matter brought by the Blairmont Rice Investment Inc. challenging the decision of the Court of Appeal of Guyana to proceed with the hearing of an appeal without the trial judge’s written reasons for his decision. The judge found that Blairmont was in breach of the agreements entered into with the respondents and was required to surrender possession of certain properties to them. & Judgment will be delivered in this matter brought by Mr Wayne Vieira, a gold miner, who has challenged the decision of the Court of Appeal of Guyana to reverse the decision of the High Court which had quashed a Cease Work Order issued against him by the Guyana Geology & Mines Commission. Mr Vieira is contending that the order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010. | View |
| December 14, 2017 10:00 am | GYCV2017/012 | University of Guyana v Clairmonte Cletus Cox | The University of Guyana has appealed to the CCJ to overturn the Court of Appeal’s dismissal of its challenge to a 2014 decision made by the High Court. In its 2014 decision, the High Court granted orders in Mr Cox’s favour nullifying the University’s decision to refuse his application for a review of examination marks in two failed law courses primarily on the basis of his non-payment of fees. | View |
| January 15, 2018 11:00 am | BZCV2011/002 BZCV2014/005 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd v The Attorney General of Belize The Minister of Public Utilities | This is a post judgment application filed by Dean Boyce, Trustees of the BTL Employees Trust and Dunkeld Int. Ltd. seeking to overturn an injunction granted by the High Court of Belize in favour of Sunshine Ltd., a company owned by the government of Belize. | View |
| January 17, 2018 10:00 am | GYCV2017/003 | Kowsal Narine, as Executor of the Estate of Nateram, dec’d v Deonarine Natram, Ashbourne Lipton Chan & Foster Gilford Chan | The matter concerns a dispute between two brothers over property owned by their deceased father. The appellant is seeking to overturn the decision of the Court of Appeal which reversed the order of the High Court judge who had granted a declaration of title in his favour. | View |
| January 19, 2018 10:00 am | GYCV2017/005 | Guyana Stores Ltd v The AG The Revenue Authority The Commissioner General of the Revenue Authority | This matter concerns tax liability that arose when the company was publicly owned. It was transferred to private ownership and disputed the tax liability on constitutional grounds. | View |
| January 24, 2018 9:00 am | BBCR2017/002 & 003 | Jabari Sensimania Nervais & Dwayne Omar Severin v The Queen | The matter is a consolidation of appeals from Barbados brought by Dwayne Omar Severin and Jabari Sensimania Nervais. Both were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death | View |
| January 25, 2018 9:00 am | BBCR2017/002 & 003 | Jabari Sensimania Nervais & Dwayne Omar Severin v The Queen | The matter is a consolidation of appeals from Barbados brought by Dwayne Omar Severin and Jabari Sensimania Nervais. Both were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death | View |
| January 30, 2018 11:00 am | BZCV2017/002 | Kent Herrera Nikita Usher Valdemar Castillo Vildo Marin Eugenio EK Leonardo Varela v Alma Gomez (Supervisor of Insurance) Dean Barrow (Minister of Finance) Attorney General | The Appellants are all policy holders of the CLICO Executive Flexible Premium Annity Policies (EFPA Policies) and are asking for several declarations refused by the Supreme Court of Belize, as well as damages, against the Respondents arising from CLICO’s breach of statutory duty. | View |
| January 31, 2018 10:00 am | GYCV2017/011 | Rajpattie Thakur, in her capacity as the Executrix of the Will of Dolarie Thakur, aka Dolarie Takur v Deodat Ori | The Appellant claims prescriptive title to the disputed property via a will while the Respondent claims ownership on the basis that he purchased the disputed property and holds the paper title (Transport). | View |
| February 07, 2018 10:00 am | GYCV2017/013 | Deorani Singh v The Attorney General of Guyana, Industrial and Commercial & Investments Limited | The property central to this appeal was compulsorily acquired by the Government of Guyana in 1982. The courts below found that the acquisition breached the right to property in Article 142(1) of the Guyana Constitution. The appellant is appealing the award of $30 million in damages for said breach and is asking this Court to declare that the property is not owned by the state and to award damages of $452 million for loss of income in respect of said property for the last 35 years. | View |
| February 19, 2018 11:00 am | BZCV2014/002 | The Maya Leaders Alliance & 23 Other Villages v The Attorney General of Belize | This is the latest hearing in this ongoing matter to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| February 23, 2018 10:00 am | BBCR2017/001 | Teerauth Persaud v The Queen | Mr. Teerath Persaud pleaded guilty to manslaughter and was sentenced to 25 years in prison. He is now seeking to have his sentence reduced on the basis that it is excessive, especially when compared to the sentence of his co-accused, who also pleaded guilty to manslaughter but was sentenced to 16 years imprisonment by a different judge. | View |
| March 5, 2018 10:00am | GYCV2017/005 | Guyana Stores Ltd v The AG The Revenue Authority The Commissioner General of the Revenue Authority | Judgment delivery for this matter. | View |
| March 5, 2018 10:15am | BBCV2017/004 | Sandy Lane Hotel Co. Ltd v Cato and Others | The appellant is seeking to challenge a decision of the Barbados Court of Appeal to refuse to extend the time within which an appeal was filed. The appeal was filed in relation to a decision by a Magistrate in a wrongful dismissal action that was made in favour of the respondents. | View |
| March 12, 2018 10:00am | GYCV2017/008 | The Attorney General of Guyana v. Cedric Richardson | The Appellant is seeking to overturn the Court of Appeal’s decision which held that an Act passed by the government to amended Article 90 of the Constitution by introducing new criteria for eligibility to run for the office of President of the Republic, indirectly breached Articles 1 and 9 of the Constitution which gives the electorate of Guyana the right to elect a President of their choice. | View |
| March 13, 2018 10:00am | GYCV2017/013 | Deorani Singh v The Attorney General of Guyana and National and Commercial Investments LTD. | Judgment will be delivered in this matter that concerns the compulsory acquisition on property by the Government of Guyana in 1982. | View |
| March 14, 2018 10:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | The hearing of 3 post-judgment applications. The Bank ultimately seeks an order directing the Minister of Finance to pay a 2013 arbitral award of over BZ$91M, which this Court determined to be enforceable. The Attorney General challenges that application and also asks the CCJ to correct its judgment and seeks an order to reduce the post-judgment interest. | View |
| March 15, 2018 3:00pm | BZCV2014/002 | Maya Leaders & Ors v The Attorney General of Belize | The CCJ is continuing to hold post-judgment hearings to monitor the progress of compliance. | View |
| March 16, 2018 10:00am | GYCV2018/001 | The Medical Council of Guyana v Jose Ocampo Trueba | Dr Trueba, filed an application for judicial review in the High Court seeking orders to overturn the Council’s decision to refuse his application for a full status licence. The High Court dismissed Dr Trueba’s application. On appeal, the Court of Appeal found that the High Court Judge did not consider whether Dr Trueba’s case was so exceptional that it could only be resolved by judicial review. The Medical Council is seeking to overturn this decision. | View |
| March 21, 2018 11:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | Judgment will be delivered in one of three post-judgment applications. In this application, the Attorney General of Belize seeks an order specifying the interest rate applicable on a 2013 arbitration award found enforceable by the CCJ, is 6% and not the 17% stipulated in the award. | View |
| March 26, 2018 10:00am | BBCV2017/004 | Sandy Lane Hotel v Juliana Cato, Wayne Johnson and Charmaine Poyer | Judgment will be delivered in this case where the hotel is seeking to challenge a decision of the Barbados Court of Appeal to refuse to extend the time within which an appeal was filed in relation to a decision to a wrongful dismissal matter. | View |
| March 29, 2018 3:00 pm | BZCR2015/001&2 BZCV2017/002 | Gregory August & Alwin Gabb v The Queen AND Kent Herrera Nikita Usher Valdemar Castillo Vildo Marin Eugenio EK Leonardo Varela v Supervisor of Insurance, Minister of Finance and Attorney General | Two judgments will be delivered this afternoon. 1.Judgement will be delivered in this case brought by holders of CLICO's Executive Flexible Premium Annity policies against Belize's Minister of Finance, Attorney General and Supervisor of Insurance. 2. Judgment will be delivered in two consolidated criminal appeals from Belize. Gregory August and Alwin Gabb have challenged the constitutionality of their respective life sentences for murder. Additionally, Mr. August has also appealed his 2012 murder conviction on the basis that various aspects of his trial were unfair and the conviction was improper. | View |
| April 11, 2018 11:00am | BZCR2017/005 | Japhet Bennett v The Queen | Mr. Japhet Bennett, who was convicted of murder in 2013, is appealing his conviction. He contends that the prosecution’s case hinged on the account of a sole witness, who told the police that he had been seen Mr. Bennett standing over the deceased’s body with a gun. The witness later denied that claim during the trial. Mr. Bennett contends that the witness’ previous inconsistent statement should not have been admitted into evidence and that the judge should have withdrawn the case from the jury. | View |
| April 12, 2018 10:00am | GYCV2017/017 | Rodrigues Architects Limited v New Building Society Limited | This is a special leave application from Guyana that arises from a fee dispute. A High Court judgment ordered New Building Society Ltd. (NBSL) to pay over GY $15m plus interest to Rodrigues Architects Ltd. for services provided in relation to the construction of NBSL’s head office. NBSL filed an appeal and was granted a stay of execution of the judgment pending the appeal. The architecture firm has objected and is asking the CCJ to determine the correct procedure for granting a stay of execution of a judgment. | View |
| April 17, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v Attorney General of Guyana | ||
| April 19, 2018 10:00am | GYCV2017/010 | Bauxite Company of Guyana Inc. v Haresh Narine Sugrim | This matter concerns a dispute between the Guyana Bauxite Company and the respondent, Mr Haresh Narine Sugrim, who owns a dredging company, regarding the volume of material excavated by the respondent and the amount that is payable to the dredging company under the contract. The High Court awarded damages of US$992,123.00 to Mr Sugrim which the Court of Appeal later reduced by 20%. The Respondent is also cross-appealing this reduction by the Court of Appeal. Both parties are seeking to challenge the damages awarded by the High Court and Court of Appeal. | View |
| April 29, 2018 10:00am | BBCV2018/001 | James Ifill v The Attorney General of Barbados & The Chief Personnel Officer | View | |
| May 04, 2018 10:00am | GYCV2018/002 | Rodrigues Architects Limited v NBSL | Judgment will be delivered in this matter which is concerns a fee dispute related to the construction of NBSL’s head office. NBSL had been granted a stay of execution of a previous judgment pending the appeal and the architecture firm has objected and had asked the CCJ to determine the correct procedure for granting a stay of execution of a judgment. | View |
| May 10, 2018 10:00am | BBCR2017/001 | Teerauth Persaud v The Queen | Judgment will be delivered in this matter where Mr. Teerath Persaud, who plead guilty to manslaughter, appealed to have his sentence reduced on the basis that it is excessive. | View |
| May 10, 2018 10:30am | GYCV2017/003 | Kowsal Narine, as Executor of the Estate of Nateram, Dec'd v Deonarine Natram, Ashbourne Lipton Chan and Foster Gilford Chan | The CCJ will deliver judgment in this case to resolve a land dispute among brothers.The appellant is seeking to overturn the decision of the Court of Appeal which reversed the order of the High Court judge who had granted a declaration of title in his favour. | View |
| May 11, 2018 10:00am | GYCR2016/001 & 002 | James Anthony Hyles, Mark Royden Williams v The Director of Public Prosecutions | The CCJ will deliver judgement in a consolidation of appeals from Guyana brought by Mark Williams and James Hyles against the decision of the Court of Appeal. Both men previously went on trial for 11 counts of murder arising from an incident dubbed the Lusignan Massacre. | View |
| May 13, 2018 11:00am | BBCV2018/002 | Eddy David Ventose v Chief Electoral Officer | Professor Ventose, a St Lucian national who has lived in Barbados for several years, is seeking to be included on the Barbados' voters' list. The Chief Justice of Barbados, sitting as a trial judge, after hearing arguments on the matter, had issued the order compelling the Chief Electoral Officer to allow him to vote. The Court of Appeal very recently ruled that Professor Ventose was entitled to be registered to vote but stopped short of compelling the Chief Electoral Officer to do so. Instead, ordering the CEO to determine Professor Ventose's claim within 24 hours. Professor Ventose is turning to the CCJ to for final determination on the matter. | View |
| May 16, 2018 09:00am | Special Sitting of the Court to mark the retirement from office of the Rt. Hon. Sir Charles Michael Dennis Byron, President of the Caribbean Court of Justice at the High Court of Antigua and Barbuda | View | ||
| May 29, 2018 10:00am | BBCV2018/001 | James Ifill v The Attorney General of Barbados & The Chief Personnel Officer | The appellant, a Transport Inspector employed within the Barbados Public Service, was directed to "compulsorily resign" from his post after an investigation found him guilty of seven charges of misconduct. He is challenging his removal from office on the basis that it violated the Barbados Constitution and he is also seeking his wages and benefits from the time at which he was directed to resign. | View |
| June 1, 2018 11:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | The CCJ will deliver judgment in the last two of three post-judgment applications between the Belize Bank Ltd and the Attorney General of Belize, all of which were heard on March 14, 2018. The Court will give its decision on the Bank’s application (and the Attorney-General’s counter application) for enforcement orders against the Minister of Finance. In 2017, the CCJ authorized the Bank to enforce a BZ$36.89m international arbitration award against the Government. | View |
| June 18, 2018 11:00am | BZCR2017/004 | The Queen v Gilbert Henry | Mr Gilbert Henry was convicted of the indictable offence of dangerous harm in 2012 and sentenced to five years of imprisonment. An appeal was heard in March 2017 and on March 22nd, an oral judgment was delivered which dismissed the appeal and affirmed his conviction and sentence. The court added that reasons for the decision and orders would follow. However, when the written judgment was delivered in June 2017, the Court of Appeal allowed the appeal and quashed the conviction. The DPP is appealing to the Caribbean Court of Justice to reinstate the oral judgment of 22 March 2017. | View |
| June 20, 2018 10:00am | GYCV2017/011 | Rajpattie Thakur v Deodat Ori | Judgment will be delivered in this matter involving a land dispute in Guyana. The appellant claims prescriptive title to the disputed property while Mr. Ori claims ownership on the basis that he holds the paper title. | View |
| June 26, 2018 10:00am | GYCV2017/008 | The Attorney General of Guyana v Cedric Richardson | Judgment will be delivered in this matter where Guyana's AG is seeking to overturn the Court of Appeal’s decision which held that an Act passed by the government to amended Article 90 of the Constitution by introducing new criteria for eligibility to run for the office of President of the Republic indirectly breached Articles 1 and 9 of the Constitution. Those articles give the electorate of Guyana the right to elect a President of their choice. | View |
| June 26, 2018 11:00am | BZCV2017/004 | Dean Boyce British Caribbean Bank Ltd & Lord Michael Ashcroft King v JLSC | The appellants in this appeal are challenging the decision of the Judicial and Legal Services Commission (JLSC) to refuse to move forward with a complaint against a judge. They are asserting that the JLSC should determine whether the Hon Mr Justice Awich, currently a Justice of Appeal in the Court of Appeal of Belize, should be investigated for misbehaviour and/or inability arising from concerns over “excessive delays in the delivery of judgments” while he was a Judge of the Supreme Court. Previously the Court of Appeal had upheld the JLSC’s decision not to recommend investigation of the allegations, disagreeing with the trial judge that the concerns were relevant to the Judge serving in his current role. | View |
| June 27, 2018 10:00am | BBCR2017/002 & 003 | Jabari Sensimania Nervais v The Queen & Dwayne Omar Severin v The Queen | Judgment will be delivered in this consolidation of death penalty appeals from Barbados. Both men were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death. | View |
| June 28, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v The Attorney General of Guyana | The appellants, who identify as transgender persons, are appealing their highly-publicized convictions for the offence of being men who were wearing female attire in public for an ‘improper purpose’, which is an offence in Guyana. The appellants are challenging this law on several grounds, including that it is discriminatory and inconsistent with the Constitution of Guyana. | View |
| June 29, 2018 10:00am | BZCV2017/003 | Titan International Securities Inc v The Attorney General of Belize & The Financial Intelligence Unit | Titan International Securities Inc appeals to the Caribbean Court of Justice against the decision of the Court of Appeal of Belize to set aside an award of $4.460 million USD in compensatory damages. Both the High Court and the Court of Appeal agreed that a search and seizure of Titan’s premises was conducted in an unreasonable and excessive manner and in breach of its constitutional rights against arbitrary and unlawful interference with its privacy, but the Court of Appeal held that Titan did not prove that the losses suffered were a result of the contravention of its constitutional rights. Titan is also challenging the constitutionality of section 18 of the Mutual Legal Assistance and International Cooperation Act. | View |
| July 4, 2018 4:00pm | The installation ceremony of the Hon. Mr. Justice Saunders as the President of the Caribbean Court of Justice | His Excellency The Most Honourable Sir Patrick Allen, ON, GCMG, CD, KSt.J, Governor-General of Jamaica | The Hon. Mr. Justice Adrian Saunders will be sworn-in as the 3rd President of the CCJ as one of the activities surrounding the 39th Regular Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) in Jamaica. | View |
| July 10, 2018 10:00am | GYCV2018/003 | Sattie Basdeo and Roxanne St. Hill v Guyana Sugar Corporation, Noel Holder and The Attorney General of Guyana | The applicants in this matter are seeking special leave to appeal the decision of Guyana’s Court of Appeal which refused to, among other things, quash the decision of the Guyana Sugar Corporation, to sever the employment of approximately 4400 workers when they closed the operations of some sugar estates in December 2017. | View |
| July 10, 2018 2:30pm | BZCR2017/004 | The Queen v Gilbert Henry | Judgment will delivered in this case where Mr Gilbert Henry was convicted of the indictable offence of dangerous harm in 2012 and sentenced to five years of imprisonment. Belize's DPP is appealing to the Caribbean Court of Justice to reinstate the oral judgment which had been reversed by the Court of Appeal. | View |
| July 11, 2018 1:00pm | TTOJ2018/002 | Trinidad Cement Ltd and Arawak Cement Company Ltd v Barbados and Rock Hard Cement Limited | Trinidad Cement Ltd and Arawak Cement Ltd claim that Barbados breached the Revised Treaty of Chaguaramas when the government unilaterally reduced the common external tariff on cement classified as ‘other hydraulic cement’ from 60% to 5% in 2015. They also say that the government incorrectly classified cement being imported by another company, Rock Hard Cement, as ‘other hydraulic cement’. The applicant want the CCJ to grant an interim order mandating that Barbados charge a 60% tariff on 'other hydraulic cement' until the Court determines the substantive claim in November 2018. | View |
| July 13, 2018 9:30am | Special Sitting of the Court to honour the Hon. Mr. Justice Adrian Saunders | The Honorable Mr. Justice Wit and various speakers | This is the first of two Special Sittings of the Court to honour its new President, at the Seat of the Court in Trinidad and Tobago. | View |
| July 16, 2018 10:00am | BBCV2017/005 | Patrick Hill v Sagicor Life Inc. | Mr Hill, had applied to the Court of Appeal of Barbados seeking leave to appeal its ruling which overturned the decision of the Severance Payments Tribunal, the court decided that in accordance with the Constitution, the question of jurisdiction should be determined by the CCJ. | View |
| July 17, 2018 10:10am | BZCV2018/001 | Cruise Solutions Limited and Discovery Expeditions Ltd. v The Commissioner of General Sales Tax and The Attorney General of Belize | The Court will hear a tax appeal involving two licensed tour operators, Cruise Solutions Ltd and Discovery Expeditions Ltd, and the Commissioner of General Sales Tax and the Attorney General of Belize. The dispute between the parties surrounds whether the tour services provided by the tour operators to passengers from cruise ships visiting Belize are zero-rated under the General Sales Tax Act or are taxable at the rate of 12.5%. | View |
| July 20, 2018 1:00pm | Special Sitting of the Caribbean Court of Justice to honour the Hon. Mr. Justice Adrian Saunders, at the High Court, St Vincent | The Honorable Mr. Justice Wit and various speakers | The second Special Sitting takes place in Mr. Justice Saunders’ home country of St. Vincent and the Grenadines at the House of Assembly in Kingstown. | View |
| July 25, 2018 9:00am | TTOJ2018/001 | Trinidad Cement Limited v The State of Trinidad, Rock Hard Distribution Limited and Mootilal Ramhit and Sons Limited | Trinidad Cement Limited is alleging that the State of Trinidad and Tobago has applied the incorrect classification to Rock Hard Cement which is imported from Turkey and is distributed in Trinidad and Tobago by Mootilal Ramhit and Sons Contracting Limited and Rock Hard Distribution Limited, the regional distributor. TCL claims that Trinidad and Tobago has breached several provisions of the Revised Treaty of Chaguaramas by applying a Common External Tariff (CET) rate of 0% on Rock Hard Cement instead of the appropriate rate of 15%. | View |
| July 30, 2018 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in this ongoing matter to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| July 31, 2018 11:00am | BZCV2017/004 | Dean Boyce, British Caribbean Bank Ltd and Lord Michael Ashcroft King v JLSC | Judgment will be delivered in this matter where the appellants in are challenging the decision of the Judicial and Legal Services Commission (JLSC) to refuse to move forward with a complaint against the Hon Mr Justice Awich. | View |
| October 1, 2018 10:00am | TTOJ2018/003 | Jason Jones v Council for Legal Education, Council for Human Social Development and Council for Trade and Economic Development | Jason Jones filed an application for special leave against the Council of Legal Education, Council for Social and Human Development and Council for Trade and Economic Development alleging that the automatic acceptance of persons graduating with law degrees from the University of the West Indies (UWI) into the law schools, and the requirement for the holders of "non-UWI" law degrees to sit an entrance exam to gain entrance to the law schools, amounts to breaches of the Revised Treaty of Chaguaramas. This is the hearing of two preliminary objections made by the CLE and CARICOM. | View |
| October 2, 2018 11:00am | BZCR2018/001 | Dioncicio Salazar v The Queen | Dionicio Salazar was convicted of the murder of Marlon Riviera in 2016 in a judge only trial. He is seeking to have his conviction overturned on the basis that the trial judge failed to direct herself on the weight to be given to the untested deposition of Dean Dougal. Dougal, one of the main prosecution witnesses, died prior to trial and was not able to give live evidence. He is also arguing that the trial judge wrongly considered a portion of a transcript from a murder trial in which he was acquitted in 2015. | View |
| October 11, 2018 10:00am | GYCV2018/004 | Sharaz Aflli Edoo v Mohamed Edoo | This case concerns a dispute between two brothers over a contract for the sale and purchase of land situated in Berbice, Guyana made in 1987. Mr Sharaz Edoo argued that following his brother’s complaint that the purchase price was too expensive, and subsequent events that followed a disagreement between them, the contract was brought to an end. This was rejected by the lower court and Mr. Sharaz Eddo is now challenging the judgment of the High Court which was affirmed by the Court of Appeal, that ordered the property transferred to his brother. | View |
| October 12, 2018 11:00am | BZCV2018/001 | Cruise Solutions Limited and Discovery Expeditions Ltd. v The Commissioner of General Sales Tax and The Attorney General of Belize | Judgment will be delivered in the dispute between the parties on whether the tour services provided by the companies to passengers from cruise ships visiting Belize are zero-rated or are taxable at the rate of 12.5%. | View |
| October 16, 2018 10:00am | GYCV2017/014 | Chandra Ramotar Singh v Bhagwantlall Mossal & Alvin Alves | Mr. Chandra Singh is seeking to cancel the land title of Mr. Alvin Alves which a High Court Judge found was obtained through fraud. However, when the matter was appealed to the Court of Appeal, Mr. Singh’s claim failed. The Court of Appeal found that the High Court Judge erred when he cancelled Mr. Alves’ title and that Mr. Singh had no legal capacity to bring the claim based on its interpretation of previous CCJ decisions on the remedies available under an agreement for sale in Guyana. | View |
| October 17, 2018 2:00pm | BZCV2017/003 | Titan International Securities Inc v The Attorney General of Belize & The Financial Intelligence Unit | The CCJ will deliver judgment in this matter which saw Titan International Securities Inc appealing the decision of the Court of Appeal of Belize to set aside an award of $4.460 million USD in compensatory damages after a search and seizure of Titan’s premises. | View |
| October 17, 2018 2:30pm | BZCR2017/005 | Japhet Bennett v The Queen | Judgment will be delivered in this matter from Belize. Mr. Japhet Bennett, who was convicted of murder in 2013, is appealing his conviction. He contends that the prosecution’s case hinged on the account of a sole witness, who told the police that he had been seen Mr. Bennett standing over the deceased’s body with a gun. The witness later denied that claim during the trial. | View |
| October 23, 2018 10:00am | DMCV 2018/001 & DMCA 2013/007 | Mariette Warrington v Dominica Broadcasting Corporation | Ms. Mariette Warrington had been employed with the Dominica Broadcasting Corporation (DBC) as manager of the radio broadcasting services under two consecutive employment contracts which ended in 2008. Ms. Warrington continued to perform the functions of manager until 2010 when the DBC’s Board terminated her employment. The Court of Appeal ruled in favour of the DBC and Ms. Warrington is seeking to overturn this decision on the basis that the DBC breached the implied contract of employment that existed between the parties and seeks compensation in the sum of $ 459,900. 00 EC Dollars. However, the DBC claims that there could be no implied contract of employment on the basis that they did not receive the advice of the Prime Minister as required by law. | View |
| November 9, 2018 2:00pm | TTOJ2018/003 | Jason Jones v Council for Legal Education, Council for Human Social Development and Council for Trade and Economic Development | Judgment will be delivered in this matter where Jason Jones argued that the automatic acceptance of persons graduating with law degrees from the University of the West Indies (UWI) into the law schools, and the requirement for the holders of "non-UWI" law degrees to sit an entrance exam to gain entrance to the law schools, amounts to breaches of the Revised Treaty of Chaguaramas. | View |
| November 13, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v The Attorney General of Guyana | Delivery of the judgment in this matter where the appellants, who identify as transgender persons, are appealing their highly-publicized convictions for the offence of being men who were wearing female attire in public for an ‘improper purpose’, which is an offence in Guyana. The appellants are challenging this law on several grounds. | View |
| November 29, 2018 02:00pm | TTOJ2018/001 & 2, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited & The State of Trinidad and Tobago, Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distribution Limited v The State of Trinidad and Tobago and The Caribbean Community Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | This is a CMC in four Original Jurisdiction cases concerning the classification of imported cement and the applicable customs duties based on its classification. The Court will also consider submissions on an application for special leave to bring a claim for breach of the Revised Treaty of Chaguaramas, the jurisdiction of the Council of Trade and Economic Development (COTED) to classify imported cement and an order to discharge an interim order requiring Barbados to charge a 60% customs duty on all cement classified as “other hydraulic cement”. | View |
| November 30, 2018 10:00am | DMCV 2018/001 & DMCA 2013/007 | Mariette Warrington v Dominica Broadcasting Corporation | The CCJ will deliver judgment in this case, heard on October 23rd, where Ms. Mariette Warrington is seeking redress from Dominica Broadcasting Corporation for termination of employment. She seeks compensation in the sum of EC$ 459,900. | View |
| December 5, 2018 10:00am | BBCR2017/004 | Renaldo Anderson Alleyne v The Queen | In 2010, Mr. Renaldo Alleyne was convicted of manslaughter and sentenced to six concurrent life sentences, after 6 young women died when the Campus Trendz Mall was firebombed during a robbery. At the Court of Appeal in Barbados, Mr. Alleyne said the life sentences were excessive and further that the trial judge did not consider a discount for his early guilty plea. In dismissing his appeal, the Court of Appeal held that his sentences were neither excessive, disproportionate or wrong in principle, given the gravity of the offence, and that the issue of a discount does not apply to an indeterminate sentence. Mr. Alleyne is now seeking to overturn the decision of the Court of Appeal. | View |
| January 15, 2019 10:00am | GDOJ2018/001 | Tamika Gilbert, Lynnel Gilbert, Royston Gilbert & Glennor Gilbert v The State of Barbados | The Applicants, citizens of Grenada, are seeking special leave to bring a claim against Barbados for breach of their right to freedom of movement under Article 45 of the Revised Treaty of Chaguaramas. The Applicants in October 2016 visited Barbados for the purpose of obtaining US visas. Tamika Gilbert while at a mall was accused of stealing a cell phone. She was subsequently taken to the police station against her will for questioning and both she and her sister were subjected to what they referred to as an “invasive and humiliating” strip search. They argue that their right under the Treaty was breached when the police refused to allow them to leave until Tamika amended her written statement, knowing that the family was scheduled to leave on a flight to Grenada on the same day. | View |
| January 28, 2019 10:00am | DMCV2018/003 | Gloria Shillingford v Angel Andrew | This appeal concerns a dispute over the sale of two parcels of land owned by Mr. Angel Peter Andrew under a power of attorney granted to his sister, Gloria Shillingford and transactions allegedly carried out by Ms. Shillingford in relation to the lands and certain payments made by her. Mr. Andrew had brought a claim against his sister to recover EC$2 million and both the High Court and the Court of Appeal ruled in his favour. Ms. Shillingford now appeals to the CCJ seeking to overturn those decisions. | View |
| February 6, 2019 10:00am | GYCV2017/014 | Chandra Ramotar Singh v Bhagwantlall Mossal & Alvin Alves | The Court will deliver judgment on on this appeal where Mr. Chandra Singh is seeking to cancel the land title of Mr. Alvin Alves which a High Court Judge found was obtained through fraud. | View |
| February 6, 2019 10:30am | DMCV2018/003 | Gloria Shillingford v Angel Andrew | Judgment will be delivered in this case from Dominica. This appeal concerns a dispute over the sale of two parcels of land owned by Mr. Angel Peter Andrew, under a power of attorney granted to his sister, Gloria Shillingford and payment allegedly made by her in relation to the lands, including certain payments made by Gloria to two connected parties. | View |
| February 12, 2019 10:00am | TTOJ2018/001 & 2, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited & The State of Trinidad and Tobago, Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distribution Limited v The State of Trinidad and Tobago and The Caribbean Community Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | Hearings continue in four related Original Jurisdiction cases concerning the classification of imported cement and the applicable customs duties. The Court will also hear oral submissions on the issue of whether a CARICOM member state that obtained an exemption from CARICOM’s Council for Trade and Economic Development (COTED) to increase a tariff rate above the common external tariff, will need permission from that body to reintroduce the previous rate. | View |
| February 19, 2019 10:00am | BBCV2018/005 | Octavius John & Laurent John v CLICO International Insurance Limited | The appellants invested in CLICO but when they surrendered their policies they were not paid their entitlements. They obtained a default judgment against CLICO from the High Court of Dominica and sought to enforce that judgment in Barbados. Before they could enforce the judgment, CLICO was put under judicial management and so they had to obtain permission from the court to enforce it, which was granted. However, CLICO appealed to the Court of Appeal and the appellants’ permission to enforce the judgment was denied. | View |
| March 18, 2019 10:00am | GYCV2018/008 | James Ramsahoye v Linden Mining Enterprises, Bauxite Industry Development Company Limited & National Industrial And Commercial Investments Limited | The Applicant, James Ramsahoye, is seeking special leave from the CCJ, to appeal a decision of the Full Bench of the Court of Appeal of Guyana which reversed the Orders made by Justice of Appeal Roy sitting as a single Justice of Appeal in the Court of Appeal. | View |
| March 22, 2019 4:45pm | 11th Annual Caribbean Court of Justice Law Moot 2019 | Final Round, Judgment & Awards Ceremony | The CCJ will host ten teams from regional law schools and faculties Court on March 21 and 22, 2019 at the CCJ’s headquarters in Trinidad and Tobago. | View |
| March 26, 2019 10:00am | GYCV2018/007 | Guyana National Co-operative Bank v R.N. Persaud Company Ltd, Leguan Rice Milling Incorporated & The Registrar of Deeds | This appeal arose out of a claim for recovery of debt and the transfer of a piece of land in breach of a related order of the court. The Bank later filed contempt proceedings to have the Managing Director of R.N. Persaud Company Ltd imprisoned for the breach. The bank later withdrew the application and sought to proceed with the recovery of the debt. However, the High Court and Full Court found that the bank had abandoned the debt recovery claim while pursuing the contempt proceedings. The matter was appealed to the Court of Appeal which sent the case back to the Full Court to determine whether it had jurisdiction. The Bank now appeals this decision before the CCJ. | View |
| March 29, 2019 11:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | This is a case management conference before the hearing of an appeal. On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| April 2, 2019 10:00am | GYCV2018/009 | Arnold Sankar v Guyana Rice Development Board | In 2017, Mr. Arnold Sankar sought in excess of GY$99 million in damages from the Guyana Rice Development Board, alleging a breach of a contract between them for the sale of his rice paddy. The Full Court awarded judgment in Mr. Sankar’s favour in April 2018 after the GRDB failed to file its defence in time. In October 2018, the Board successfully obtained leave from the Court of Appeal to appeal that award, though the application was filed five and a half months late. Mr. Sankar is seeking special leave from the CCJ to appeal against the decision of the Court of Appeal, to extend time to file the appeal and grant leave to appeal on the basis that the delay was excessive. | View |
| April 10, 2019 10:00am | DMCV2018/002 | David George v Albert Guye | Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| April 17, 2019 10:00am | TTOJ2018/002 & BBOJ2018/001 | Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | The CCJ will deliver judgment on this matter concerning applicable tariffs on imported cement. | View |
| April 18, 2019 10:00am | BBCV2018/005 | Octavius John & Laurent John v CLICO International Insurance Limited | Judgment will be delivered in this matter were the appellants invested in CLICO but were not paid their entitlements. They obtained a default judgment against CLICO from the High Court of Dominica and sought to enforce that judgment in Barbados. However, CLICO appealed to the Court of Appeal and the appellants’ permission to enforce the judgment was denied. | View |
| April 24, 2019 10:00am | GYCV2019/009 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon | The CCJ will have a pre-trial hearing on matters arising from the recent no-confidence motion in Guyana. The substantive matter is set for hearing on May 10 for determination. | View |
| May 02, 2019 10:00am | BBCR2017/004 | Renaldo Anderson Alleyne v the Queen | The CCJ will deliver judgment in this matter where Mr. Renaldo Alleyne was convicted of manslaughter and sentenced to six concurrent life sentences, after 6 young women died when the Campus Trendz Mall was firebombed during a robbery. At the Court of Appeal in Barbados, Mr. Alleyne said the life sentences were excessive and further that the trial judge did not consider a discount for his early guilty plea. In dismissing his appeal, the Court of Appeal held that his sentences were neither excessive, disproportionate or wrong in principle, given the gravity of the offence, and that the issue of a discount does not apply to an indeterminate sentence. Mr. Alleyne is now seeking to overturn the decision of the Court of Appeal. | View |
| May 07, 2019 10:00 am | GDOJ2018/002 | David Bain v The State of Trinidad & Tobago | David Bain, a national of Grenada, alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago at the Piarco International Airport. Mr. Bain, who is also a citizen of the United States, presented his US passport on arrival from Grenada, but was refused entry by immigration officials after he was questioned about several past arrests for narcotics, which he strongly denied. During the incident Mr Bain presented a Grenadian Driver’s Licence and National Identification Card but was nevertheless detained overnight and sent back to Grenada. After granting special leave, the Court ordered a preliminary hearing on certain issues relating to the effect of Mr. Bain presenting his US passport to immigration officials and whether his presentation of a Grenadian Driver’s Licence or National Identification Card was sufficient to establish his Grenadian citizenship for the purpose of invoking the right to freedom of movement as a CARICOM national. | View |
| May 08, 2019 10:00am | GYVC 2019/007 | Zulfikar Mustapha v The Attorney General of Guyana | This is a constitutional appeal brought by Mr. Zulfikar Mustapha who alleges that the President failed to properly exercise his discretion in the appointment of Rev. Justice James Aloysius Patterson as Chairman of the Guyana Elections Commission in breach of Article 161 (2) of the Constitution. Mr. Mustapha was unsuccessful in both the High Court and Court of Appeal and has appealed to the Caribbean Court of Justice. | View |
| May 09, 2019 10:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| May 10, 2019 10:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| May 15, 2019 10:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | The Court will hold a Pre-hearing Review in four Original Jurisdiction cases consolidated regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| May 17, 2019 | Special Sitting of the Court to mark the retirement of the Honourable Mr. Justice Hayton | The Hon. Mr. Justice Adrian Saunders and various other speakers. | The CCJ will hold a ceremonial sitting in appreciation of the sterling service of the Hon. Mr. Justice Hayton on the occasion of his impending retirement in July 2018. | View |
| May 20, 2019 2:30 pm | GDOJ2018/001 | Tamika Gilbert, Lynnel Gilbert, Royston Gilbert & Glennor Gilbert v The State of Barbados | Judgment will be delivered at 2:30pm AST, in this matter where the applicants, citizens of Grenada, are seeking special leave to bring a claim against Barbados for breach of their right to freedom of movement under Article 45 of the Revised Treaty of Chaguaramas. In October 2016, the Gilberts visited Barbados for the purpose of obtaining US visas. Tamika Gilbert was accused of stealing a cell phone at a mall. She was then taken to a police station against her will for questioning. Both she and her sister were subjected to what they referred to as an “invasive and humiliating” strip search. They argue that the police refused to allow them to leave until Tamika amended her written statement, knowing that the family was scheduled to leave on a flight to Grenada on the same day. | View |
| May 21, 2019 10:00 am | GYVC2019/001 | Christopher Persaud v Toolsie Persuad & Toolsie Persuad Ltd | Christopher Persaud, acting as executor for David Persaud, is seeking special leave to appeal the decisions of the Full Court and Court of Appeal of Guyana regarding certain procedural matters relating to the new Civil Proceeding Rules and the pre-existing High Court rules. The deceased was a minority shareholder in Toolsie Persaud Limited, one of Guyana’s largest companies with interests in hardware, quarrying and timber while Toolsie Persaud is the brother of the deceased and the majority shareholder in the company. Christopher Persaud initially sought orders for relief and protection of the deceased’s interest in the company. | View |
| May 24, 2019 10:00am | GYCV2018/008 | James Ramsahoye v Linden Mining Enterprises, Bauxite Industry Development Company Limited & National Industrial And Commercial Investments Limited | Judgment will be delivered in this matter where Mr. James Ramsahoye had sought special leave from the CCJ to appeal a decision of the Full Bench of the Court of Appeal of Guyana, which reversed enforcement orders made by the Hon. Mr. Justice Roy, sitting as a single Justice of Appeal. Mr. Ramsahoye had been the Overseas Representative of two state owned corporations whose service was terminated in 1998 after 26 years of service. He sued the organisations alleging breach of contract and he and the two firms have since been involved in multiple court actions to resolve the dispute. | View |
| May 29, 2019 11:30am | GDOJ2018/002 | David Bain v The State of Trinidad & Tobago | Judgment will be delivered in this matter where David Bain, a national of Grenada, alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago. Mr. Bain, who is also a citizen of the United States, presented his US passport on arrival from Grenada, but was refused entry by immigration officials after he was questioned about past arrests for narcotics, which he strongly denied. During the incident Mr Bain presented a Grenadian Driver’s Licence and National Identification Card but was nevertheless detained overnight and sent back to Grenada. After granting special leave, the Court ordered a preliminary hearing on certain issues relating to the effect of Mr. Bain presenting his US passport to immigration officials and whether his presentation of a Grenadian Driver’s Licence or National Identification Card was sufficient to establish his Grenadian citizenship for the purpose of invoking the right to freedom of movement as a CARICOM national. | View |
| June 11, 2019 9:00 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is the first day of the final hearing in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| June 12, 2019 10:00 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is the final hearing in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| June 18, 2019 10:00am | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | The CCJ will deliver judgments in two sets of cases from Guyana that were granted urgent hearings. The first judgment will determine whether the appointment, or the process followed in the appointment, of Guyana’s Elections Commission Chairman breached the Constitution. The second judgment will determine three consolidated cases arising from last December’s motion of no-confidence in the Government. One of the main issues in that case was whether 33 or 34 votes were required to carry the motion given that the membership of the National Assembly totalled 65 members. Another issue in dispute was whether one of the members of the National Assembly who voted in favour of the motion was ineligible so to vote because he was disqualified from membership of the National Assembly as a result of his citizenship of Canada. | View |
| June 24, 2019 10:00 am | DMCV2018/002 | David George v Albert Guye | Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| June 24, 2019 2:00pm | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | This is a post-judgment hearing on consequential orders and costs in two sets of cases from Guyana. The CCJ delivered judgment in both sets of cases last Tuesday, 18 June 2019. In the first case, the Court determined that the process that was followed in the appointment of the Chairman of the Guyana Elections Commission was flawed and in breach of the Constitution. In the second set of cases, the CCJ determined, among other things, that last December’s motion of no confidence was properly passed by the Guyana National Assembly. | View |
| July 02, 2019 10:00am | BBCV2018/007 | David Brooks v Alistair Lindsay Morris (Executor of the Estate of Henry Newitt) | Mr. David Brooks, a US Citizen, agreed to rent premises owned by Mr. Henry Newitt for his family vacation in December 2005. When he arrived at the premises he found that it was “unclean and uninhabitable” and so he requested a refund of all monies he paid in advance, which included both the rental fee and a 25% deposit. Mr. Newitt refused his request. The High Court found that the property was in good condition and that Mr. Brooks only wanted a refund because his wife was not satisfied with the arrangements. The court ruled that Mr. Newitt was entitled to both the rental fee and the 25% deposit. The Court of Appeal upheld the High Court’s decision. Mr. Brooks now appeals to the CCJ. | View |
| July 11, 2019 2:00pm | GYCV2018/009 | Arnold Sankar v Guyana Rice Development Board | Judgment will be delivered in this matter where Mr. Arnold Sankar is seeking special leave from the CCJ to appeal against a decision of the Guyana Court of Appeal. The Court of Appeal previously ruled to allow the Guyana Rice Development Board (GFDB) to appeal a judgment awarding Mr Sankar in excess of GY $99 million in damages over a breach of contract between the two parties over the sale of his rice paddy. Mr Sankar contends that the Board filed the application to appeal late and on that basis the Court should grant leave to appeal. | View |
| July 12, 2019 1:45pm | GYVC2019/001 | Christopher Persaud v Toolsie Persaud & Toolsie Persaud Ltd | Judgment will be delivered in this matter where Christoper Persaud, acting as executor for David Persaud sought special leave to appeal the decisions of the Full Court and Court of Appeal of Guyana regarding certain procedural matters relating to the new Civil Proceedings Rules and the pre-existing High Court rules. The deceased was a minority shareholder in Toolsie Persaud Limited, one of Guyana’s largest companies with interests in hardware, quarrying and timber while Toolsie Persaud is the brother of the deceased and the majority shareholder in the company. Christopher Persaud initially sought orders for relief and protection of the deceased’s interest in the company. | View |
| July 12, 2019 2:00pm | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | On 12th July, the Court will give consequential declarations and orders in two sets of cases from Guyana. The cases have to do with the appointment of the Chairman of the Guyana Election Commission and a no-confidence vote passed in the Guyana National Assembly. On 18th June, in separate judgments, the Court had concluded that the Chairman of the Election Commission had been invalidly appointed and that the no-confidence motion was validly passed. The Court held a hearing on June 24th to determine whether there was consensus on those consequences and the declarations and orders the Court should make. As there was no such consensus, the CCJ had ordered the parties to make written submissions on the issue by 1st July. | View |
| July 16,2019 10:00am | GYCR2018/001 | Mark Fraser v The State | Mark Fraser was convicted for manslaughter and sentenced to 4 years imprisonment in 2007. He then appealed his conviction to the Court of Appeal of Guyana and was granted bail pending the determination of the appeal. It took approximately 10 years before the Court of Appeal heard his appeal. The court upheld his conviction but held that the inordinate delay in hearing the appeal was a breach of Mr. Fraser’s right to a fair hearing within a reasonable time. In these circumstances, the court decided to stay any further imprisonment of Mr. Fraser. Mr. Fraser now seeks special leave from CCJ to challenge the decision of the Court of Appeal on the basis that his conviction should have been set aside. | View |
| July 18,2019 10:00am | BBCR2018/001 | Dwayne Mario Neil v The Queen | In August 2002, Neil along with another was charged for aggravated robbery of Sweet Kisses Bakery in Barbados. During the course of the trial, Neil absconded on bail and a Bench Warrant was issued for his arrest. The Judge proceeded with the trial in his absence with his co-accused. Neil was convicted and sentenced to 11 years and 9 months imprisonment. His co-accused was found not guilty. Neil appealed his conviction arguing that the verdict was unsafe and unsatisfactory. The Court of Appeal dismissed the appeal and affirmed the conviction. Neil is now seeking special leave to appeal. | View |
| July 19, 2019 9:30am | BBCV2019/001 | Pedro Deray Ellis aka Pedro Deroy Ellis v Director of Public Prosecutions | This is the hearing of an application for special leave to appeal the refusal of bail. In May 2013, Pedro Ellis was charged with the offences of murder and criminal damage arising out of the same incident. He was remanded into custody awaiting trial. In support of his application for bail, Ellis stated that he acted in self-defence. The Prosecution however opposed bail on the basis of his 1998 guilty plea and eventual 10-year prison sentence for manslaughter in another case. His application for bail was denied. On appeal to the Court of Appeal, Ellis argued that Weekes J failed to give adequate reasons for refusing bail. The Court of Appeal set aside the decision of Weekes J and exercised its own discretion to withhold bail. | View |
| July 23,2019 10:00am | GYCV2019/002, GYCV2019/003, GYCV2019/004 & GYCV2019/005 | John Solomon, Dec’d, represented by the Administrator of the Estate Fizul Mohamed v Dawattie, Dec’d, represented by the Administrator of the Estate Pooran Chandrika Kissoon, aka Budda v Chandrawattie Persaud Kissoon, aka Budda v Gowrie Kissoon, aka Budda v S. Persaud, represented herein by Gowrie | The applicants own rice lands in Guyana and in 2017 they were issued notices to immediately vacate those lands by the Rice Assessment Committee. They appealed to the Full Court but the appeal was dismissed. The applicants then appealed that decision and sought to delay the Committee’s decision. The appeal was similarly dismissed by a single judge as well as the Court of Appeal on the basis that leave to appeal was required. The applicants are now seeking special leave to appeal this decision. | View |
| July 30,2019 10:00am | AOOJ2019/001 | Caribbean Community | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| August 06,2019 11:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is a judgment delivery in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| October 15, 2019 10:30am | BBCR2019/001 | Carlton Junior Hall v The Queen | Mr. Carlton Hall was found guilty of murder on March 2, 2016 and was sentenced to death on the basis of evidence given by a sole eyewitness. On appeal, Mr. Hall challenged the decision of the trial judge to reject his Counsel’s no case submission, the summation of the trial judge and his Counsel’s failure to raise his good character. The Court of Appeal dismissed his appeal against conviction but cancelled his death sentence and ordered that he be brought before the trial court for resentencing. On June 3, 2019, this Court granted him special leave to appeal his conviction and leave to appeal as a poor person | View |
| October 18, 2019 10:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for special leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the originating application. | View |
| October 22, 2019 10:00am | AOOJ2019/001 | The Caribbean Community (CARICOM) | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| October 23, 2019 10:00am | AOOJ2019/001 | The Caribbean Community (CARICOM) | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| October 24, 2019 10:00am | GYCR2019/001 | Linton Pompey v The DPP of Guyana | Mr. Linton Pompey was found guilty on September 21, 2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age, and he was sentenced to 37 years in prison. Mr. Pompey made several challenges to the summing up of the trial judge on appeal, as well as to his sentence which he claimed to be excessive, but the Court of Appeal dismissed his appeal. The Appellant now seeks special leave to appeal both his conviction and sentence to this Court. | View |
| October 25, 2019 10:00am | GYCR2018/001 | Mark Fraser v The State | Judgment will be delivered in the matter of Mark Fraser v the State. Fraser was convicted for manslaughter and sentenced to 4 years’ imprisonment in 2007. He then appealed his conviction to the Court of Appeal of Guyana and was granted bail pending the determination of the appeal. It took approximately 10 years before the Court of Appeal heard his appeal. The court upheld his conviction but held that the inordinate delay in hearing the appeal was a breach of Mr Fraser’s right to a fair hearing within a reasonable time. In these circumstances, the court decided to stay any further imprisonment of Mr Fraser. Mr Fraser then sought special leave from CCJ to challenge the decision of the Court of Appeal on the basis that his conviction should have been set aside. | View |
| October 30, 2019 12:30pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing which is being held at the Supreme Court in Belize. In this ongoing matter, the parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on 29 July 2019. | View |
| November 06, 2019 10:00am | DMCV2019/001 | Hilary Shillingford v Angel Peter Andrew & Gloria Burnette nee Shillingford | This matter involves a dispute concerning the sale of lands owned by Angel Peter Andrew and sold by his sister, Gloria Burnette Nee Shillingford. Angel executed a Power of Attorney, giving Gloria the power to sell his properties. In the process of so doing, she conducted several transactions, one of which involved an exclusive agreement with and the payment of commission to the Appellant, Hilary Shillingford. At the High Court, judgment was in favour of Andrew, that the transactions made by Gloria were unlawful and Hilary was ordered to repay monies given to her. The Court of Appeal upheld this decision. Hilary now appeals these decisions before the CCJ | View |
| November 11, 2019 10:00am | BZCV2019/003 | Belize International Services Ltd V The Attorney General of Belize | This matter involves an alleged breach of contract by the Government of Belize. In June 1993, Belize International Services (BISL) entered into a Management Services Agreement with the Government of Belize. The Agreement was for a term of ten years with an option to BISL to renew the Agreement for a further ten years. In May 2003, the Agreement was renewed for a further ten years. In March 2005, in consideration of US$1.5 Million paid by BISL to the Government, the parties amended the Agreement and extended its term to June 2020. This latter extension was the subject of litigation whereby BISL sued the Government for breach of the Agreement seeking damages in the sum of US$45 million. The Government argued that the 2005 extension authorized BISL to continue to collect revenue and deposit it into bank accounts owned and operated by BISL which was in violation of constitutional and public finance law. The High Court Judge dismissed the claim and declared the 2005 extension unconstitutional, illegal and invalid. Prescribed costs were awarded to the Government. This decision was upheld by the Court of Appeal. | View |
| November 13, 2019 10:00am | BZCV2019/001 | Bay Trust Corporate Services Limited V Karen Acosta Longsworth | Ms. Karen Longsworth, a former Managing Director of Bay Trust Corporate Services Limited, was on July 16, 2011 re-designated to ‘General Manager Trust’ by Glen Wilson, the President/Chairman and only other Director of Bay Trust at that time. Following a confrontation between Ms. Longsworth and Mr. Wilson, Ms. Longsworth never reported back to work, instead bringing an action for wrongful termination. Bay Trust counterclaimed for damages for breach of contract, claiming that Ms. Longsworth abandoned her employment. Bay Trust succeeded on its counterclaim, but Ms. Longsworth successfully appealed to the Court of Appeal of Belize. Bay Trust was then granted leave to appeal to this Court by the Court of Appeal on November 15, 2018, with its Certificate of Compliance with that Order dated December 27, 2018. | View |
| November 21, 2019 10:00am | GYCV2019/012 | Shir Affron Nabi Rafael Nabi & The Estate of Shir Aimeen Nabi V Ashmidphiraque Sheermohamed S.A. Nabi & Sons Limited & Maurice Solomon | This matter involves a challenge against an order made to wind up the company S.A. Nabi & Sons Limited. The Company’s affairs previously conducted by three brothers became hostile and this hostility continued with their heirs. Ashmidphiraque filed a Petition as a shareholder for the winding up of the company and was granted an order in his favour by the High Court. This order was upheld by the Court of Appeal. The Appellants now challenge this order at the CCJ in its Appellate Jurisdiction as being unjust and inequitable. | View |
| November 28, 2019 9:15 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is a judgment delivery in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| November 28, 2019 9:30am | DMCV2018/002 | David George v Albert Guye | This is judgment delivery is a matter where Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| November 28, 2019 9:45 am | BBCV2018/007 | David Brooks v Alistair Lindsay Morris (Executor of the Estate of Henry Newitt) | This is a judgment delivery in a matter where Mr. David Brooks, a US Citizen, agreed to rent premises owned by Mr. Henry Newitt for his family vacation in December 2005. When he arrived at the premises he found that it was “unclean and uninhabitable” and so he requested a refund of all monies he paid in advance, which included both the rental fee and a 25% deposit. Mr. Newitt refused his request. The High Court found that the property was in good condition and that Mr. Brooks only wanted a refund because his wife was not satisfied with the arrangements. The court ruled that Mr. Newitt was entitled to both the rental fee and the 25% deposit. The Court of Appeal upheld the High Court’s decision. Mr. Brooks now appeals to the CCJ. | View |
| November 28, 2019 10:00am | GYCV2019/014 | Chandroutie Persaud & Rafudeen Nizamudin V Javen Jason Nizamudin | This matter is an application in the Court’s Appellate Jurisdiction for special leave to appeal orders made in the Court of Appeal concerning the sale of property. The Respondent’s application in the High Court for orders to sell the property and have the net proceeds split equally between himself and Persaud was granted. The Appellants appealed the decision and the Court of Appeal stayed all proceedings. The Appellants have now appealed these orders before the CCJ requesting that the decision be overturned. | View |
| December 02, 2019 10:00am | BZCV2019/004 | Caye International Bank Limited and Joel M. Nagel v Tommy Lynn Haugen | This matter involves a dispute concerning a large sum of money invested into the Caye International Bank Limited (CIB) by the Respondent, Tommy Lynn Haugen, as advised by the Second Appellant, Joel M. Nagel. Mr. Haugen, as a Director of the Pacific Paradise Limited (PPL) had signed a document in his capacity to facilitate the company’s receipt of a loan. After the company defaulted on the loan, Mr. Haugen claims that Mr. Nagel as Chairman of the Board, unlawfully sold his shares in CIB to offset the loan amount owned by PPL. Mr. Haugen claimed fraudulent misrepresentation and/or breach of contract against Mr. Nagel and CIB in the High Court and judgment was issued in his favour awarding damages. This decision was upheld by the Court of Appeal, but damages were awarded as part of the rescission. instead of as fraudulent misrepresentation and breach of contract. The Appellants now appeal the decision of the Court of Appeal before the CCJ. | View |
| December 03, 2019 10:00am | BBCV2019/004 | Russell Crumpler v The Financial Services Commission, CLICO Int. Life Ins. Ltd & BIPA INC | Mr Russell Crumpler is the judicial manager of the Montserrat branch of CLICO Life. Back in 2011, Deloitte Consulting Limited acting through Mr. Patrick Toppin was appointed by the court to act as judicial manager of the Barbados branch of CLICO Life. In 2015, Chandler J approved a restructuring proposal in respect of the division and management of CLICO’s assets. Mr Crumpler having failed in his attempts to obtain disclosure from Mr Toppin regarding the assets and management of CLICO Life, attempted to be added as a party to the judicial management proceedings since he believed it was necessary for him to execute his duties as judicial manager of CLICO Montserrat. Both the High Court and the Court of Appeal disagreed with Mr Crumpler on the basis that Chandler J’s order had “ring-fenced” assets in Barbados for the benefit of the Eastern Caribbean policyholders and there was no danger to those policyholders because of a proposal which was limited to Barbadian policyholders. Mr Crumpler is now seeking leave to appeal those decisions. | View |
| December 05, 2019 10:00am | BBCV2019/005 | Sigma Construction Inc. v Birch Development Ltd, Cedar Development Ltd, Chestnut Development Ltd, Conifer Development Ltd, Hornbeam Development Ltd, Sycamore Common Services Ltd, Willow DEVELOPMENT ltd, Ram Holdings Ltd and Kaupthing Singer & Friedlander Ltd | The genesis of this matter arose following to a loan given by Kaupthing Singer & Friedlander Ltd (KSF) in 2006 to the 1st – 6th Respondents in the amount of US$10 million. The loan was secured by a Deed of Charge on a parcel of land owned by the 1st – 6th Respondents. Four years later, Sigma commenced an action against the 1st – 6th Respondents seeking damages and costs and notified KSF and the Court of its application for a charging order over the same parcel of land held pursuant to the loan. In 2010 Sigma obtained judgment in their favour. KSF sought to obtain the debt owed to them and Sigma responded by filing an action seeking certain declaratory reliefs. The essence of Sigma’s application was that the loan made by KSF to the 1st – 6th Respondents was illegal since KSF did not possess a licence under the Financial Institutions Act of Barbados permitting them to engage in banking business. Therefore, the debt owed to KSF was not a charge on the said property. On 20 June 2016, the High Court granted summary judgment in favour of KSF and also awarded them costs. In response to Sigma’s notice of appeal, KSF argued that the High Court’s order was interlocutory in nature and therefore Sigma must first obtain leave to appeal. Sigma then filed its application for leave to appeal the High Court’s decision out of time. The Court of Appeal refused to grant leave having found that it took over 4 months for Sigma to file the correct application and with no proper reason being given to the Court and further that the interests of justice did not warrant a grant of leave. Sigma is now seeking special leave to appeal this decision. | View |
| December 10, 2019 10:00am | BBCV2019/003 | Chefette Restaurants Limited v Orlando Harris | Mr. Orlando Harris was dismissed in January 2014 by Chefette Restaurants Limited. He had worked as a manager with the establishment. Mr. Harris filed a claim for unfair dismissal before the Employment Rights Tribunal (ERT), which held that his claim was well-founded and that he was entitled to compensation in the sum of $106,630.01. The Court of Appeal of Barbados upheld the findings of the ERT on appeal but adjusted the award to $95,089.13 because he had been given payment in lieu of notice by Chefette. Chefette was then granted leave to appeal to this Court by the Court of Appeal on November 16, 2017, with its Certificate of Compliance with that Order dated May 6, 2019 | View |
| January 21, 2020 10:00am | GYCR2019/001 | Linton Pompey v the DPP of Guyana | Mr Linton Pompey is appealing his conviction and sentence after he was found guilty on September 21,2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age. He was sentenced to 37 years in prison. He made several challenges to the trial judge’s summing-up of the case as well as to his sentence which he claimed to be excessive. | View |
| February 14, 2020 10:00am | BBCR2019/001 | Carlton Junior Hall v The Queen | Mr. Carlton Hall was found guilty of murder on March 2, 2016 and was sentenced to death on the basis of evidence given by a sole eyewitness. On appeal, Mr. Hall challenged the decision of the trial judge to reject his Counsel’s no case submission, the summation of the trial judge and his Counsel’s failure to raise his good character. The Court of Appeal dismissed his appeal against conviction but cancelled his death sentence and ordered that he be brought before the trial court for resentencing. On June 3, 2019, this Court granted him special leave to appeal his conviction and leave to appeal as a poor person. | View |
| February 14, 2020 10:30am | DMCV2019/001 | Hilary Shillingford v Angel Peter Andrew & Gloria Burnette Shillingford | This matter involves a dispute concerning the sale of lands owned by Angel Peter Andrew and sold by his sister, Gloria Burnette Nee Shillingford. Angel executed a Power of Attorney, giving Gloria the power to sell his properties. In the process of so doing, she conducted several transactions, one of which involved an exclusive agreement with and the payment of commission to the Appellant, Hilary Shillingford. At the High Court, judgment was in favour of Andrew, that the transactions made by Gloria were unlawful and Hilary was ordered to repay monies given to her. The Court of Appeal upheld this decision. Hilary now appeals these decisions before the CCJ. | View |
| February 18, 2020 2:00pm | BBCV2019/002 | Prince Sinckler v Editha Sinckler | The Appellant, Mr. Sinckler appeals against a Spousal Maintenance Order that was granted in 2006, in favour of his ex-wife, Ms. Sinckler. He argues that the Family Law Act, Cap. 214, which is modelled after the 1975 Australian Family Law Act, is applicable to Barbados and as a matter of public policy, spousal maintenance orders should not be paid after twelve months of them being issued. This is on the basis that spousal maintenance orders are intended to fulfil a need, not a debt. | View |
| March 02, 2020 9:45am | BBCV2019/001 | Pedro Deray Ellis aka Pedro Deroy Ellis v Director of Public Prosecutions | In May 2013, Pedro Ellis was charged with the offences of murder and criminal damage arising out of the same incident. He was remanded into custody awaiting trial. In support of his application for bail, Ellis stated that he acted in self-defence. The Prosecution, however, opposed bail on the basis of his 1998 guilty plea and eventual 10-year prison sentence for manslaughter in another case. His application for bail was denied. On appeal to the Court of Appeal, Ellis argued that Weekes J failed to give adequate reasons for refusing bail. The Court of Appeal set aside the decision of Weekes J and exercised its own discretion to withhold bail. | View |
| March 03, 2020 10:00am | BBOJ2019/001 | Rock Hard Cement Ltd v The State of Barbados, Caricom & Arawak Cement Company Limited | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for Special Leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the Originating Application. | View |
| March 04, 2020 10:00am | GYC2019/014 | Chandroutie Persaud and Rafudeen Nizamudin v. Javen Jason Nizamudin | This matter is an application in the Court’s Appellate Jurisdiction for Special Leave to Appeal orders made in the Court of Appeal concerning the sale of property. The Respondent’s application in the High Court for orders to sell the property and have the net proceeds split equally between himself and the First Appellant was granted. The Appellants appeal the decision and the Court of Appeal stayed all proceedings. The Appellants have now appealed these orders before the CCJ requesting that the decision be overturned. | View |
| May 07, 2020 10:00am | BBCV2019/003 | Chefette Restaurants Ltd v Orlando Harris | Mr. Orlando Harris was dismissed in January 2014 by Chefette Restaurants Limited. He had worked as a manager with the establishment. Mr. Harris filed a claim for unfair dismissal before the Employment Rights Tribunal (ERT), which held that his claim was well-founded and that he was entitled to compensation in the sum of $106,630.01. The Court of Appeal of Barbados upheld the findings of the ERT on appeal but adjusted the award to $95,089.13 because he had been given payment in lieu of notice by Chefette. Chefette was then granted leave to appeal to this Court by the Court of Appeal on November 16, 2017, with its Certificate of Compliance with that Order dated May 6, 2019. | View |
| May 14, 2020 10:00am | GYCR2019/001 | Linton Pompey v the DPP of Guyana | Mr Linton Pompey is appealing his conviction and sentence after he was found guilty on September 21,2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age. He was sentenced to 37 years in prison. He made several challenges to the trial judge’s summing-up of the case as well as to his sentence which he claimed to be excessive. | View |
| May 27, 2020 11:00am | BZCV2019/001 | Bay Trust Corporate Services Limited v Karen Acosta Longsworth | Ms. Karen Longsworth, a former Managing Director of Bay Trust Corporate Services Limited, was on July 16, 2011 re-designated to ‘General Manager Trust’ by Glen Wilson, the President/Chairman and only other Director of Bay Trust at that time. Following a confrontation between Ms. Longsworth and Mr. Wilson, Ms. Longsworth never reported back to work, instead bringing an action for wrongful termination. Bay Trust counterclaimed for damages for breach of contract, claiming that Ms. Longsworth abandoned her employment. Bay Trust succeeded on its counterclaim, but Ms. Longsworth successfully appealed to the Court of Appeal of Belize. Bay Trust was then granted leave to appeal to this Court by the Court of Appeal on November 15, 2018, with its Certificate of Compliance with that Order dated December 27, 2018. | View |
| June 03, 2020 3:00pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on 30 October 2019. | View |
| June 09, 2020 11:00am | BZCR2019/001 | Hernan Manzanero v The Queen | This matter involves a challenge against a conviction of murder by the Appellant, Hernan Manzanero. The matter commenced in the Appellate Jurisdiction of the Court, through an application for special leave to appeal. Hernan was convicted, mainly on the evidence of his former common-law wife Daisy, who testified that he stabbed a taxi driver and instructed her to falsify the events of that day. Hernan, however, claims that the trial judge in the Supreme Court had predetermined his guilt for the offence, from the voir dire conducted at the beginning of the trial. He also challenges the overall fairness of the trial as conducted by the judge sitting without a jury. Hernan’s appeal to the Court of Appeal was unsuccessful as the court found the judge’s findings were correct, and the conduct of the trial was appropriate. He now applies to the CCJ to appeal the decision of the Court of Appeal. | View |
| June 10, 2020 10:00am | BBOJ2019/001 | Rock Hard Cement Ltd v The State of Barbados, CARICOM & Arawak Cement Company Limited | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for Special Leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the Originating Application. | View |
| June 16, 2020 11:00am | BZCR2019/002 | The Queen v Calaney Flowers | This is a matter from Belize where the Respondent, Ms. Calaney Flowers was found not guilty of murder in a trial by Judge alone. The DPP appealed against this decision and the Court of Appeal dismissed the appeal on the basis that it has no authority to hear the matter and the DPP now seeks redress at this Court. The main issue concerns the interpretation and interaction between section 49 of the Court of Appeal Act and section 65C(3) of the Indictable Procedure Act. The DPP’s argument is that section 65C(3) is clear in according a right of appeal to the Prosecution against a finding of not guilty in a trial by judge alone, while the Respondent’s argument is that section 49 circumscribes the application of section 65C(3). | View |
| June 25, 2020 3:00pm | GYCV2020/002 | Mohammed Ifraan Ali et al v Eslyn David et al | The Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| June 30, 2020 10:00am | BBCR2019/0003 & 004 | Rambarran & Green v Regina | Mr. Rohan Rambarran is a Guyanese citizen who had been charged with offences relating to the possession, importation, and trafficking of prohibited substances under the Drug Abuse (Prevention and Control) Act. On 4 June 2009, Mr. Rambarran was found guilty of possessing, importing, and trafficking two types of controlled drugs: cocaine and cannabis. In violating sections 6 (possession), 3 (importation), and 18 (trafficking) of the above Act, Mr. Rambarran was sentenced to 30 years in prison. He filed an appeal against his conviction on 30 December 2009 but was only heard by the Court of Appeal of Barbados in March 2016. The Court of Appeal delivered its decision on 28 August 2019 and rejected Mr. Rambarran’s appeal. The Court, however, also ruled that Mr. Rambarran’s sentence was excessive. Given the delay he had experienced in having his matter determined, his sentence was reduced to the time served and he was freed thereafter. Mr. Rambarran sought special leave to appeal to the CCJ, to appeal against the Court of Appeal’s decision to uphold his conviction. | View |
| June 30, 2020 3:00pm | BZCV2019/003 | Belize International Services Ltd v The Attorney General of Belize | Judgment will be delivered in this matter involving an alleged breach of contract by the Government of Belize. In June 1993, Belize International Services (BISL) entered into a Management Services Agreement with the Government of Belize. The Agreement was for a term of ten years with an option to BISL to renew the Agreement for a further ten years. In May 2003, the Agreement was renewed for a further ten years. In March 2005, in consideration of US$1.5 Million paid by BISL to the Government, the parties amended the Agreement and extended its term to June 2020. This latter extension was the subject of litigation whereby BISL sued the Government for breach of the Agreement seeking damages in the sum of US$45 million. The Government argued that the 2005 extension authorized BISL to continue to collect revenue and deposit it into bank accounts owned and operated by BISL which was in violation of constitutional and public finance law. The High Court Judge dismissed the claim and declared the 2005 extension unconstitutional, illegal and invalid. Prescribed costs were awarded to the Government. This decision was upheld by the Court of Appeal. | View |
| July 01, 2020 9:00am | GYCV2020/002 | Mohammed Irfaan Ali et al v Eslyn David et al | The Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| July 08, 2020 3:00pm | GYCV2020/002 | Mohammed Irfaan Ali et al v Eslyn David et al | The is the judgment delivery for the hearing held on June 30, 2020. Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| July 14, 2020 3:00pm | BZCR2019/002 | The Queen v Calaney Flowers | This is the judgment delivery for a matter from Belize where the Respondent, Ms. Calaney Flowers was found not guilty of murder in a trial by Judge alone. The DPP appealed against this decision and the Court of Appeal dismissed the appeal on the basis that it has no authority to hear the matter and the DPP now seeks redress at this Court. The main issue concerns the interpretation and interaction between section 49 of the Court of Appeal Act and section 65C(3) of the Indictable Procedure Act. The DPP’s argument is that section 65C(3) is clear in according a right of appeal to the Prosecution against a finding of not guilty in a trial by judge alone, while the Respondent’s argument is that section 49 circumscribes the application of section 65C(3). | View |
| July 16, 2020 10:00am | BBCR2020/001 | Winston Alexander v The Queen | This is a case from Barbados which concerns the safety of a murder conviction against Mr. Winston Alexander. He alleges that his conviction is unsatisfactory and unsafe due to several irregularities made by the Trial Judge. At the Court of Appeal, it was held that notwithstanding the irregularities, there was no substantial miscarriage of justice, and consequently, his appeal was dismissed, and his conviction was upheld. Mr. Alexander now seeks Special Leave at this Court to appeal (as a poor person) against the decision of the Court of Appeal. | View |
| July 30, 2020 11:00am | BZCV2020/001 | Speednet Communications Limited v Public Utilities Commission | This matter involves a dispute surrounding actions taken by the Public Utilities Commission to grant provisional licences for the radio frequency spectrum in Belize. The Commission claims that Speednet has failed to pay fees owed since 2010 for the use of the spectrum in its business. Speednet argues that the grant of provisional licences was unlawful and therefore any claim for payment is unwarranted. Speednet successfully proved the unlawful nature of the Commission’s actions in the Supreme Court, stating that there was no statutory provision allowing the issue of provisional licences. The Commission successfully appealed this finding to the Court of Appeal, which held that the Commission had wide powers under statute, allowing the lawful grant of provisional licences. Speednet now appeals to the CCJ in its Appellate Jurisdiction, challenging the decision of the Court of Appeal. | View |
| August 28, 2020 10:00am | GYCV2019/012 | Shir Affron Nabi Rafael Nabi & The Estate of Shir Aimeen Nabi V Ashmidphiraque Sheermohamed S.A. Nabi & Sons Limited & Maurice Solomon | This judgment will govern the matter that involved a challenge against an order made to wind up the company S.A. Nabi & Sons Limited. The Company’s affairs previously conducted by three brothers became hostile and this hostility continued with their heirs. Ashmidphiraque filed a Petition as a shareholder for the winding up of the company and was granted an order in his favour by the High Court. This order was upheld by the Court of Appeal. The Appellants now challenge this order at the CCJ in its Appellate Jurisdiction as being unjust and inequitable. | View |
| September 08, 2020 3:00pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on June 03, 2020. | View |
| October 06, 2020 3:00pm | BZCR2019/001 | Hernan Manzanero v The Queen | This is the judgment delivery to a challenge against a conviction of murder by the Appellant, Hernan Manzanero. The matter commenced in the Appellate Jurisdiction of the Court, through an application for special leave to appeal. Hernan was convicted, mainly on the evidence of his former common-law wife Daisy, who testified that he stabbed a taxi driver and instructed her to falsify the events of that day. Hernan, however, claimed that the trial judge in the Supreme Court had predetermined his guilt for the offence, from the voir dire conducted at the beginning of the trial. He also challenged the overall fairness of the trial as conducted by the judge sitting without a jury. Hernan’s appeal to the Court of Appeal was unsuccessful as the court found the judge’s findings were correct, and the conduct of the trial was appropriate. He applied to the CCJ to appeal the decision of the Court of Appeal. | View |
| October 09, 2020 10:00am | GYCV2019/008 | Kayman Sankar Investments Ltd and Ors v Blairmont Rice Investment Inc | In this matter, the Sankars’ are seeking special leave to appeal the decision of the Court of Appeal granting Blairmont Rice Investments leave to appeal its decision delivered on the 30 July 2018. The Sankars contend that the Court of Appeal mechanically granted leave to appeal under section 6 of the CCJ Act without discharging its responsibility to ensure that Blairmont was properly qualified to take advantage of the means provided for under the Act. It is also argued that in this matter there was an appeal as of right and the motion for leave to appeal constituted an abuse of process. The Court will determine this application on the submissions filed. | View |
| October 14, 2020 11:00am | BZCV2020/001 | Speednet Communications Limited v Public Utilities Commission | This matter involves an ongoing dispute surrounding actions taken by the Public Utilities Commission to grant provisional licences for the radio frequency spectrum in Belize. The Commission claims that Speednet has failed to pay fees owed since 2010 for the use of the spectrum in its business. Speednet argues that the grant of provisional licences was unlawful and therefore any claim for payment is unwarranted. Speednet successfully proved the unlawful nature of the Commission’s actions in the Supreme Court, stating that there was no statutory provision allowing the issue of provisional licences. The Commission successfully appealed this finding to the Court of Appeal, which held that the Commission had wide powers under statute, allowing the lawful grant of provisional licences. Speednet now appeals to the CCJ in its Appellate Jurisdiction, challenging the decision of the Court of Appeal. | View |
| October 22, 2020 10:00am | DMCV2020/001 | Roosevelt Skerrit and Ors v Antione Defoe and Ors | At the Magistrate’s court, the Respondents, members of the United Workers’ Party began proceedings against the Appellants, members of the Dominica Labour Party led by the Hon Mr Roosevelt Skerrit, for “treating” (according to the law, the following persons are guilty of treating: every person who corruptly, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives, or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at the election, or on account of that person or any other person having voted or refrained from voting at the election; every voter who corruptly accepts or takes any such food, drink, entertainment, or provision) alleging that they sponsored two free public concerts for the purpose of corruptly influencing the electorate for the DLP. The Appellants argue at this court that the matter was brought at the wrong court because treating concerns the constitutional question of whether a member was validly appointed, therefore any action had to brought by an elections petition to the High Court within the time prescribed by law, and since that time had expired, the Respondents could not bring any action against the Appellants for treating. | View |
| October 28, 2020 10:00am | GYCV2020/004 | Merlene Todd v Desiree Price and Ann Jennifer Jeboo | Allan Price (now deceased) was the owner of the West Half of Lot 153 Queenstown, Georgetown. In February 2004, using a Power of Attorney, Ann Jennifer Jeboo claimed that she acted on behalf of Allan Price and sold the lands to Merlene Todd. It was subsequently discovered that the Power of Attorney was fake and Ann Jennifer Jeboo was convicted of fraud. Allan Price then filed an action in the High Court of Guyana against Ann Jennifer Jeboo and Merlene Todd seeking to set aside the sale. Allan Price died in 2010 and the proceedings were thereafter carried on by Desiree Price on behalf of his estate. On the 30 August 2012, the trial judge dismissed the action against Merlene Todd, but awarded damages in the sum of $12,000,000.00 to the estate of Allan Price against Ann Jennifer Jeboo. Desiree Price subsequently appealed this decision, as it was dismissed against Merlene Todd and he wanted the sale declared null and void. On the 16 March 2020, the Court of Appeal of Guyana allowed the appeal, found that Merlene Todd was a party to the fraud of Ann Jennifer Jeboo and declared that the sale was null and void. Merlene Todd has appealed the Court of Appeal’s decision. Before the CCJ Merlene Todd contends that the Court of Appeal wrongly found that she was a part of the fraud of Ann Jennifer Jeboo and asks the CCJ to set aside the Court of Appeal’s decision and restore the trial judge’s decision. | View |
| December 10, 2020 10:00am | DMCV2020/001 | Roosevelt Skerrit and Ors v Antoine Defoe and Ors | At the Magistrate’s court, the Respondents, members of the United Workers’ Party began proceedings against the Appellants, members of the Dominica Labour Party led by the Hon Mr Roosevelt Skerrit, for “treating” (according to the law, the following persons are guilty of treating: every person who corruptly, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives, or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at the election, or on account of that person or any other person having voted or refrained from voting at the election; every voter who corruptly accepts or takes any such food, drink, entertainment, or provision) alleging that they sponsored two free public concerts for the purpose of corruptly influencing the electorate for the DLP. The Appellants argue at this court that the matter was brought at the wrong court because treating concerns the constitutional question of whether a member was validly appointed, therefore any action had to brought by an elections petition to the High Court within the time prescribed by law, and since that time had expired, the Respondents could not bring any action against the Appellants for treating. | View |
| January 13, 2021 10:00am | BBCV2020/002 | Marjorie Ilma Knox v John Vere Evelyn Deane, Eric Asby Bentham Deane and 9 Others | Eugene Estwick is the son of Majorie IIma Knox, following her death he was appointed her Personal Representative for the purpose of these proceedings. During her lifetime Majorie IIma Knox unsuccessfully carried on a claim against the Respondents and was ordered to pay costs to the Respondents. Several applications were filed in relation to the payment of costs. On the 12 August 2010, the trial judge made an order to garnish the dividends of Majorie Ilma Knox for the financial year 2009/2010 to pay costs to the Respondents. This decision was appealed and on 26 June 2020, the Court of Appeal of Barbados affirmed the High Court judge’s decision on garnishment but modified the High Court judge’s decision on interest. The Appellant now contends that the decision of the Court of Appeal was wrong and that they made several errors in law and in fact. Furthermore, the Appellant contends that the Court of Appeal’s decision is invalid and void as at the time when this decision was delivered, one member of the appellate panel (Mason, JA) had been appointed to the executive as Governor-General of Barbados while another member (Burgess JA) had been elevated to the Caribbean Court of Justice. The Appellant argues that both judges remained in their respective post on the date of the decision and were therefore unable to sit as judges to deliver the decision of the panel on June 26, 2020. | View |
| January 19, 2021 10:00am | GYCV2020/005 | Air Services Limited v The Attorney General and Others | When Ogle International Airport was officially renamed the Eugene F Correia International Airport on 9 May 2016, seven of the domestic airline services in Guyana and an association formed by them sought judicial review of the Minister’s approval of that name change. The orders sought were refused by the Trial Judge and the appeal against that decision dismissed by the Court of Appeal. The applicants applied for special leave on 25 August 2020 to appeal the decision of the Court of Appeal on many grounds, but the CCJ granted special leave only on the grounds addressing whether the Minister had a duty to consult with the applicants before approving the suggested name change. | View |
| January 21, 2021 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on September 08, 2020. | View |
| January 26, 2021 10:00am | GYCV2019/013 | Blairmont Rice Investment Inc. v Kayman Sankar Investments Ltd & Others | This is an appeal from Guyana concerning a breach of contract for the sale of land committed by the Appellant; a company which has been struck off the Companies Register since 2010 for failure to file its Annual Returns. This case involves elements of both Contract and Company Law and there are two main issues: 1. whether the failure of the Appellant to pay two instalments of the balance amounts to a repudiation of the agreements; and 2. whether a company struck off the companies register in Guyana pursuant to section 487 of the Companies Act Chapter 89:01, (the “Companies Act”) is dissolved. | View |
| February 2, 2021 10:00am | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Applicants applied for Special Leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. The Applicants also applied for the hearing of the Originating Application to be expedited and, as an Interim Measure, that Trinidad & Tobago be restrained from imposing the new rate of 50% or any rate other than the CET. | View |
| February 11, 2021 2:00pm | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Applicants applied for Special Leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. The Applicants also applied for the hearing of the Originating Application to be expedited and, as an Interim Measure, that Trinidad & Tobago be restrained from imposing the new rate of 50% or any rate other than the CET. | View |
| February 18, 2021 2:00pm | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | View | |
| February 25, 2021 2:00pm | GYCV2020/004 | Merlene Todd v Desiree Price and Ann Jennifer Jeboo | This is the judgment for the following matter. Allan Price (now deceased) was the owner of the West Half of Lot 153 Queenstown, Georgetown. In February 2004, using a Power of Attorney, Ann Jennifer Jeboo claimed that she acted on behalf of Allan Price and sold the lands to Merlene Todd. It was subsequently discovered that the Power of Attorney was fake and Ann Jennifer Jeboo was convicted of fraud. Allan Price then filed an action in the High Court of Guyana against Ann Jennifer Jeboo and Merlene Todd seeking to set aside the sale. Allan Price died in 2010 and the proceedings were thereafter carried on by Desiree Price on behalf of his estate. On the 30 August 2012, the trial judge dismissed the action against Merlene Todd, but awarded damages in the sum of $12,000,000.00 to the estate of Allan Price against Ann Jennifer Jeboo. Desiree Price subsequently appealed this decision, as it was dismissed against Merlene Todd and he wanted the sale declared null and void. On the 16 March 2020, the Court of Appeal of Guyana allowed the appeal, found that Merlene Todd was a party to the fraud of Ann Jennifer Jeboo and declared that the sale was null and void. Merlene Todd has appealed the Court of Appeal’s decision. Before the CCJ Merlene Todd contends that the Court of Appeal wrongly found that she was a part of the fraud of Ann Jennifer Jeboo and asks the CCJ to set aside the Court of Appeal’s decision and restore the trial judge’s decision. | View |
| March 9, 2021 2:00pm | DMCV2020/001 | Roosevelt Skerrit and Ors v Antoine Defoe and Ors | This is the judgment for the following matter. At the Magistrate’s court, the Respondents began proceedings against the Appellants, members of the Dominica Labour Party led by the Hon Mr Roosevelt Skerrit, for “treating” (according to the law, the following persons are guilty of treating: every person who corruptly, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives, or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at the election, or on account of that person or any other person having voted or refrained from voting at the election; every voter who corruptly accepts or takes any such food, drink, entertainment, or provision) alleging that they sponsored two free public concerts for the purpose of corruptly influencing the electorate for the DLP. The Appellants argue at this court that the matter was brought at the wrong court because treating concerns the constitutional question of whether a member was validly appointed, therefore any action had to brought by an elections petition to the High Court within the time prescribed by law, and since that time had expired, the Respondents could not bring any action against the Appellants for treating. | View |
| March 16, 2021 10:00am | BBCV2020/002 | Marjorie Ilma Knox v John Vere, Evelyn Deane, Eric Asby, Bentham Deane and 9 Others | During her lifetime Majorie IIma Knox unsuccessfully carried on a claim against the Respondents and was ordered to pay their costs. The trial judge made an order to garnish the dividends of Knox for the financial year 2009/2010 to pay the Respondents’ costs. This decision was appealed and on 26 June 2020, the Court of Appeal of Barbados affirmed the trial judge’s decision on garnishment. The Appellant now contends that the decision of the Court of Appeal is invalid and void and that the Court made several errors in law and in fact. The Appellant now appeals to the CCJ. | View |
| March 23, 2021 11:00am | BZCR2020/001 | Solomon Marin Jnr v The Queen | Marin was convicted of robbery and kidnapping in June 2011. He appealed but there was about a nine-year delay in hearing it. Before the Court of Appeal Marin argued that his constitutional right to a fair hearing within a reasonable time had been breached. The Court of Appeal affirmed his conviction and sentence and did not grant him a remedy for the breach. Marin has appealed to the CCJ arguing that the Court of Appeal made an error by failing to fashion a remedy for the breach of his right, which was a stay of further enforcement of the sentence. | View |
| March 25, 2021 10:00am | BBCR2020/004 | Grenville Ricardo Delpeache v The Commissioner of Police | Delpeache is the only director of a company, Ouch Boutique. He was charged with three offences under the Trade Marks Act and was found guilty. Delpeache appealed to the Court of Appeal arguing that the decision was wrong. The Court of Appeal dismissed his appeal and affirmed his conviction and sentence. Delpeache has appealed to the CCJ and argues that the Court of Appeal’s decision is wrong as the charges which were brought against him personally should have been brought against Ouch Boutique. He also argues that the Commissioner of Police should have obtained the DPP’s permission before charging him. | View |
| March 26, 2021 9:30am | GYOJ2021/001 | Cephil Hodge v The State of Trinidad and Tobago | The Claimant, Mr Cephil Hodge, upon returning from vacation in the US, in 2016, was denied entry to Trinidad & Tobago on the ground that he was likely to become a charge on public funds. The Claimant argues that his right to freedom of movement and hassle-free travel as a CARICOM National pursuant to article 45 of the Revised Treaty of Chaguaramas and the 2007 Conference Decision was breached. The Defendant argues that the Claimant did not prove to the Immigration Officers that he would not become a charge on public funds if admitted. | View |
| April 20, 2021 10:00am | GYCV2021/002 | Trust Company(Guyana) Limited v Guyana Securities Council | Trust Company (Guyana) Limited has always considered itself a private company. The Guyana Securities Council is responsible for regulating the securities market and maintaining surveillance over public companies in Guyana. Public companies are required to register as reporting issuers. The Guyana Securities Act defines a public company, in part, as a company that is the issuer of a security that is beneficially owned by more than 50 persons. The term security includes ‘a share’. In 2010, the GSC demanded Trust Company register as a reporting issuer, as it had more than 50 shareholders. Trust Company challenged the correctness of this decision in the High Court which found in favour of the GSC. On appeal the Court of Appeal found that the High Court’s decision was correct. The Trust Company has appealed the Court of Appeal’s decision on three grounds; however, the resolution of this appeal turns on a single question involving interpretation of the words ‘public company’ in the Act. This Court must determine whether a company automatically becomes a public company under the Act if its shareholding moves above 50 shareholders. | View |
| April 22, 2021 10:00am | GYCV2020/009 | Sheekela Kanhai and others v Basantie Persaud | The Appellants were granted leave by the Guyana Court of Appeal to appeal to the CCJ against the Judgment of that court delivered on 20 December 2019. The Respondent had applied to the Commissioner of Title for, and was granted, a declaration of title to a property that had formed part of the property now owned by the Appellants. The Appellants appealed that declaration to the Court of Appeal, which dismissed the appeal and affirmed the decision of the Commissioner of Title. The hearing of this appeal is scheduled for 22 April 2021. | View |
| April 29, 2021 9:30am | BBCV2020/002 | Estate of Marjorie ILMA Knox v John Vere Evelyn Deane and Ors | This is the judgment for the following matter: During her lifetime, Majorie IIma Knox unsuccessfully carried on a claim against the Respondents and was ordered to pay their costs. The trial judge made an order to garnish the dividends of Knox for the financial year 2009/2010 to pay the Respondents’ costs. This decision was appealed and on 26 June 2020, the Court of Appeal of Barbados affirmed the trial judge’s decision on garnishment. The Appellant contended that the decision of the Court of Appeal is invalid and void and that the Court made several errors in law and in fact. The Appellant appealed to the CCJ on 16 March 2021. | View |
| April 29, 2021 10:00am | BB/A/CV2021/001 | Larry Pierre Tatem v Katherine Tatem | The Applicant in this case was ordered to pay a sum of $273,160, pursuant to a maintenance order, by 15 March 2021 or else he would be committed to prison for 28 days. He appealed that order and also applied for a stay, but the Court of Appeal refused to hear either his appeal or application for a stay unless he pays several unpaid cost orders made against him. He thus applied to the CCJ for leave to appeal against these decisions of the Court of Appeal. The CCJ decided, in the circumstances, to stay the order against the Applicant provided that he pay the costs that the Court of Appeal assessed in a previous matter, and to treat the hearing of the application for special leave as the hearing of the appeal. The Applicant paid those costs and the hearing is scheduled for 29 April 2021. | View |
| May 11, 2021 10:00am | BBCR2021/001 | Dottin's Academy Incorporated v Beverley Norville | This is an appeal from the Court of Appeal of Barbados. The Appellant states that it is the proprietor of a registered private school known as, ‘Dottin’s Academy’ and the Respondent is the mother of two boys who attended that school. The appeal concerns the law relating to private prosecutions. The main issue is whether the Appellant company had standing to prosecute the Respondent at the Magistrates’ Court. | View |
| June 4, 2021 9:00am | GYCV2021/001 & GYCV2021/003 | Guyana Geology and Mines Commission v BK International Inc and Chunilall Baboolall Chunilall Baboolall v BK International Inc and Guyana Geology and Mines Commission | These are two appeals from the Court of Appeal of Guyana which have since been consolidated by this Court. The appeal involves elements of public law. The main issue is whether the Guyana Geology and Mines Commission (“the GGMC”) is a public body subject to the Procurement Act and amenable to judicial review. | View |
| June 8, 2021 11:00am | BZCV2021/001 | G.A Roe & Sons Ltd V Commissioner of Stamps & The Attorney General of Belize | This is an appeal from the Court of Appeal of Belize. G.A. Roe & Sons Limited paid stamp duty based on the purchase price of a parcel of land. The Commissioner of Stamps subsequently assessed the duty payable, and informed G.A. Roe & Sons Limited that the stamp duty paid was insufficient, based on the market value of the land as valued by a valuer. G.A. Roe & Sons Limited argues that based on the proper interpretation of the Stamp Duties Act, the Commissioner erred in its assessment. The CCJ must determine the correct interpretation of the Act. | View |
| June 17, 2021 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on January 21, 2021. | View |
| June 23, 2021 11:00am | BZCR2020/001 | Solomon Marin Jnr v The Queen | The Court will deliver judgment in this matter. Marin was convicted of robbery and kidnapping in June 2011. He appealed but there was about a nine-year delay in hearing it. Before the Court of Appeal Marin argued that his constitutional right to a fair hearing within a reasonable time had been breached. The Court of Appeal affirmed his conviction and sentence and did not grant him a remedy for the breach. Marin has appealed to the CCJ arguing that the Court of Appeal made an error by failing to fashion a remedy for the breach of his right, which was a stay of further enforcement of the sentence. | View |
| June 25, 2021 1:00pm | GYCV2019/013 | Blairmont Rice Investment Inc. v Kayman Sankar Investments Ltd & Others | This is a judgment delivery for an appeal concerning a breach of contract for the sale of land committed by the Appellant; a company which has been struck off the Companies Register since 2010 for failure to file its Annual Returns. This case involves elements of both Contract and Company Law and there are two main issues: 1. whether the failure of the Appellant to pay two instalments of the balance amounts to a repudiation of the agreements; and 2. whether a company struck off the companies register in Guyana pursuant to section 487 of the Companies Act Chapter 89:01, (the “Companies Act”) is dissolved. | View |
| June 28, 2021 10:00am | TTOJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Claimants were granted special leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. Belize and Trinidad Cement Limited were granted leave to intervene. As an Interim Measure, Trinidad & Tobago was ordered not to enforce a rate greater than the CET on other hydraulic cement until final Judgment is rendered in this matter or the Court varies or terminates that order. The Hearing of the Originating Application is scheduled for 28-29 June 2021. | View |
| June 29, 2021 10:00am | TTOJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Claimants were granted special leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. Belize and Trinidad Cement Limited were granted leave to intervene. As an Interim Measure, Trinidad & Tobago was ordered not to enforce a rate greater than the CET on other hydraulic cement until final Judgment is rendered in this matter or the Court varies or terminates that order. The Hearing of the Originating Application is scheduled for 28-29 June 2021. | View |
| July 21, 2021 11:00am | BZCV2021/002 | Belmopan Land Development Corporation Limited v The Attorney General of Belize | The State compulsorily acquired and mistakenly distributed land formerly belonging to the Appellant without paying it reasonable compensation. This appeal concerns the damages awarded to the Appellant by the Supreme Court for the breach of its constitutional right to protection from the deprivation of property. In assessing damages, the trial judge preferred the Appellant’s expert evidence to that of a court appointed expert. The Court of Appeal set aside the Supreme Court’s decision, finding among other things that the Appellant’s expert evidence was tainted by inadmissible hearsay. The Appellant asks this Court to restore the award of the trial judge. | View |
| July 30, 2021 11:00am | BBCR2020/004 | Grenville Ricardo Delpeache v The Commissioner of Police | Judgment will be delivered in this matter. Delpeache is the only director of a company, Ouch Boutique. He was charged with three offences under the Trade Marks Act and was found guilty. Delpeache appealed to the Court of Appeal arguing that the decision was wrong. The Court of Appeal dismissed his appeal and affirmed his conviction and sentence. Delpeache has appealed to the CCJ and argues that the Court of Appeal’s decision is wrong as the charges which were brought against him personally should have been brought against Ouch Boutique. He also argues that the Commissioner of Police should have obtained the DPP’s permission before charging him. | View |
| July 30, 2021 2:00pm | GYCV2021/002 | Trust Company(Guyana) Limited v Guyana Securities Council | Trust Company (Guyana) Limited has always considered itself a private company. The Guyana Securities Council is responsible for regulating the securities market and maintaining surveillance over public companies in Guyana. The Guyana Securities Act defines a public company, in part, as a company that is the issuer of a security that is beneficially owned by more than 50 persons. The term security includes ‘a share’. In 2010, the GSC demanded Trust Company register as a reporting issuer, as it had more than 50 shareholders. Trust Company challenged the correctness of this decision in the High Court which found in favour of the GSC. On appeal the Court of Appeal found that the High Court’s decision was correct. The Trust Company has appealed the Court of Appeal’s decision on three grounds; however, the resolution of this appeal turns on a single question involving interpretation of the words ‘public company’ in the Act. This Court must determine whether a company automatically becomes a public company under the Act if its shareholding moves above 50 shareholder | View |
| October 6, 2021 10:00am | AG/N/OJ2021/001 | Ellis Richards, Medical Benefit Board, Spencer Thomas v The Republic of Trinidad and Tobago. | The Applicants are seeking special leave to commence proceedings against the Respondent. They are claiming that the Respondent’s rescue plan to protect the funds of policyholders of certain subsidiaries of the Trinidadian conglomerate CL Financial discriminated against the policyholders of British American Insurance Company Limited, one of the subsidiaries, on the basis of nationality only. The Applicants thus assert that the Respondent has contravened Articles 7, 36, 38 and 184 of the Revised Treaty of Chaguaramas. The Respondent has filed a request to be heard in this application. | View |
| October 12, 2021 10:00am | GYCR2021/001 | Calvin Ramcharran v The Director of Public Prosecution | Ramcharran was tried before a jury and convicted of rape and assault causing actual bodily harm. Ramcharran was sentenced to 23 years imprisonment for the offence of rape and 3 years imprisonment for the offence of assault causing actual bodily harm, with the sentences to run concurrently. Ramcharran appealed and the Court of Appeal affirmed the decision of the trial judge. Ramcharran was granted leave to appeal to this Court against the sentences. Ramcharran contends that the sentences are manifestly excessive. This Court will determine whether the sentences are appropriate. | View |
| October 14, 2021 10:00am | GYCV2021/005 | Sahadeo Prashad v Basmattie Persaud, Bhagmattie Persaud, Coblall Persaud | This is an appeal from the Court of Appeal of Guyana. The parties in this matter are siblings. At the lower courts, they contested the ownership of land in Vryheid’s Lust (the “land”). The main issue in this appeal is whether the Court of Appeal was correct in law to order that the land conveyed to the Appellant was held in trust for the estate of the siblings’ father, Harold Prashad. | View |
| November 2, 2021 10:15am | BZOJ2020/001 | Belize v The Republic of Trinidad and Tobago | Belize has brought proceedings against Trinidad and Tobago arising from the alleged failure of Trinidad and Tobago to comply with its obligations under the Revised Treaty of Chaguaramas (RTC). Under the RTC, CARICOM states are required to impose a 40% Common External Tariff (“CET”) on brown sugar imported from sources outside the Caribbean region. Belize contends that it has evidence to demonstrate that between November 2018 to June 2020 brown sugar which was produced outside the Caribbean region, entered the market of Trinidad and Tobago without the 40% CET being imposed. Trinidad and Tobago denies that it has permitted the importation of extra-regional brown sugar from any extra-regional territory without the imposition of the 40% CET. | View |
| November 3, 2021 10:15am | BZOJ2020/001 | Belize v The Republic of Trinidad and Tobago | Belize has brought proceedings against Trinidad and Tobago arising from the alleged failure of Trinidad and Tobago to comply with its obligations under the Revised Treaty of Chaguaramas (RTC). Under the RTC, CARICOM states are required to impose a 40% Common External Tariff (“CET”) on brown sugar imported from sources outside the Caribbean region. Belize contends that it has evidence to demonstrate that between November 2018 to June 2020 brown sugar which was produced outside the Caribbean region, entered the market of Trinidad and Tobago without the 40% CET being imposed. Trinidad and Tobago denies that it has permitted the importation of extra-regional brown sugar from any extra-regional territory without the imposition of the 40% CET. | View |
| November 9, 2021 10:00am | BBCR2021/002 | Commissioner of Police v Stephen Alleyne | Stephen Alleyne was charged with rape contrary to Section 3 of the Sexual Offences Act Cap 154 of Barbados. It was alleged that Alleyne had sexual intercourse with another male without his consent. Alleyne’s case was dismissed by a Magistrate who found that under Section 3, a male accused could not commit rape on a male complainant. The Court of Appeal affirmed the Magistrate’s decision. The Commissioner of Police has appealed and alleges that the Court of Appeal made errors in its interpretation of Section 3 and that its approach to interpretation potentially breaches the constitutional rights of male persons in Barbados. | View |
| November 11, 2021 10:00am | GYCR2021/002 | Marcus Bisram v Director of Public Prosecutions | The Applicant was charged with murder on the basis that he counselled and procured the death of Faiyaz Narinedatt. A Magistrate twice found that the evidence was not sufficient to commit him to stand trial at the High Court, but nevertheless committed him on the direction of the Respondent. Justice Simone Morris-Ramlall quashed the decisions of the Respondent and of the Magistrate to have the Applicant committed, but the Court of Appeal set aside that decision. The Court granted the Applicant special leave to appeal the decision of the Court of Appeal and also stayed that decision pending the hearing and determination of the appeal, which is set to be heard on 11 November 2021. | View |
| November 17, 2021 11:00am | BZCV2021/001 | G.A Roe & Sons Ltd v Commissioner of Stamps and Attorney General of Belize | Judgment will be delivered in this appeal from the Court of Appeal of Belize. G.A. Roe & Sons Limited paid stamp duty based on the purchase price of a parcel of land. The Commissioner of Stamps subsequently assessed the duty payable, and informed G.A. Roe & Sons Limited that the stamp duty paid was insufficient, based on the market value of the land as valued by a valuer. G.A. Roe & Sons Limited argues that based on the proper interpretation of the Stamp Duties Act, the Commissioner erred in its assessment. The CCJ must determine the correct interpretation of the Act. | View |
| November 23, 2021 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on June 17, 2021. | View |
| November 25, 2021 10:00am | GYCV2021/006 | James Ramsahoye v Guyana Revenue Authority | This is an appeal from the Guyanese Court of Appeal in which the Appellant, James Ramsahoye, challenges the decision and procedure adopted by the Respondent, the Guyana Revenue Authority, to assess and deduct income tax from damages awarded by the Appellant’s former employer for breach of contract of service. The appeal raises important issues concerning what constitutes taxable income under the Income Tax Act Cap 81:01, and the process and procedural safeguards that the Respondent must adhere to, to ensure a process that is fair, transparent and accords with the principles of natural justice. | View |
| December 10, 2021 10:00am | BBCV2021/001 | Richard Boyce et al v Commissioner of Police and Ors | This is an appeal from the Court of Appeal of Barbados in which Richard Boyce, Antonio Forte, Elphene Moore, John Maxwell, Vernella Wiltshire, Barry Hunte, Elliot Bovell, Trevor Blackman, Roderick Walcott, Winston Holder, Vernon Moore, Sonia Boyce, Andrew Moore and Jedder Ferneaux Robinson (“the Appellants”) were recommended by the Commissioner of Police to the Protective Service Commission (“PSC”) for promotion. The Appellants were not promoted and are now challenging the decision of the PSC to not promote them. This Appeal will explore the constitutional roles and powers of the PSC and its role in the promotion of members of the police service. | View |
| December 14, 2021 10:00am | BBCV2021/002 | Sandy Lane Hotel Co Ltd v Juliana Cato and Ors | The Respondents were all dismissed by the Appellant in 2012, and they brought actions challenging their dismissals. Both the Magistrate and the Court of Appeal held that the Respondents were wrongfully dismissed and awarded damages. The Appellant was granted leave by the Barbados Court of Appeal to appeal to the CCJ. | View |
| December 16, 2021 10:00am | BBCR2021/003 | Elliston Greaves v The Queen | On 23 December 2015, the Appellant stabbed his common law wife of 13 years when her sex customer arrived at the premises to pay for and receive oral sex. On 3 July 2017, the Appellant pleaded not guilty to murder but guilty to manslaughter on the ground of provocation. He was sentenced to 20 years imprisonment, which was increased by 4 years due to the aggravating factors in the case, less a discount of one third for his early guilty plea and the time spent on remand of 928 days, a total of 13.5 years. This sentence was affirmed by the Court of Appeal on 19 March 2021. On 15 July 2021, the Appellant filed his Notice of Appeal with the Caribbean Court of Justice to appeal his sentence. | View |
| January 31, 2022 1:00 pm | BZCV2021/002 | Belmopan Land Development Corporation Ltd v The Attorney General of Belize | The Court will deliver judgment in this matter in which the State compulsorily acquired and mistakenly distributed land formerly belonging to the Appellant without paying it reasonable compensation. This appeal concerns the damages awarded to the Appellant by the Supreme Court for the breach of its constitutional right to protection from the deprivation of property. In assessing damages, the trial judge preferred the Appellant’s expert evidence to that of a court appointed expert. The Court of Appeal set aside the Supreme Court’s decision, finding among other things that the Appellant’s expert evidence was tainted by inadmissible hearsay. The Appellant asks this Court to restore the award of the trial judge. | View |
| February 1, 2022 1:30pm | BBCR2021/002 | Commissioner of Police v Stephen Alleyne | The Court will deliver judgment in this matter. Stephen Alleyne was charged with rape contrary to Section 3 of the Sexual Offences Act Cap 154 of Barbados. It was alleged that Alleyne had sexual intercourse with another male without his consent. Alleyne’s case was dismissed by a Magistrate who found that under Section 3, a male accused could not commit rape on a male complainant. The Court of Appeal affirmed the Magistrate’s decision. The Commissioner of Police has appealed and alleges that the Court of Appeal made errors in its interpretation of Section 3 and that its approach to interpretation potentially breaches the constitutional rights of male persons in Barbados. | View |
| February 1, 2022 2:00pm | BZOJ2020/001 | Belize v The Republic of Trinidad and Tobago | Judgment will be delivered in this matter in which Belize brought proceedings against Trinidad and Tobago. Belize has accused Trinidad and Tobago of failing to comply with its obligations under the Revised Treaty of Chaguaramas (RTC). Under the RTC, CARICOM states are required to impose a 40% Common External Tariff (“CET”) on brown sugar imported from sources outside the Caribbean region. Belize contends that it has evidence to demonstrate that between November 2018 to June 2020 brown sugar which was produced outside the Caribbean region, entered the market of Trinidad and Tobago without the 40% CET being imposed. Trinidad and Tobago denies that it has permitted the importation of extra-regional brown sugar from any extra-regional territory without the imposition of the 40% CET. | View |
| February 09, 2022 10:00am | AGOJ2021/001 | Ellis Richards, Medical Benefit Board, Spencer Thomas & Ors v Trinidad and Tobago | This is a case management conference before the hearing of this matter. The Applicants are claiming that the Respondent’s rescue plan to protect the funds of policyholders of certain subsidiaries of the Trinidadian conglomerate CL Financial discriminated against the policyholders of British American Insurance Company Limited, one of the subsidiaries, on the basis of nationality only. The Applicants thus assert that the Respondent has contravened Articles 7, 36, 38 and 184 of the Revised Treaty of Chaguaramas. | View |
| February 18, 2022 1:00pm | GYCR2021/001 | Calvin Ramcharran v The Director of Public Prosecution | Judgment will be delivered in this matter. Ramcharran was tried before a jury and convicted of rape and assault causing actual bodily harm. Ramcharran was sentenced to 23 years imprisonment for the offence of rape and 3 years imprisonment for the offence of assault causing actual bodily harm, with the sentences to run concurrently. Ramcharran appealed and the Court of Appeal affirmed the decision of the trial judge. Ramcharran was granted leave to appeal to this Court against the sentences. Ramcharran contends that the sentences are manifestly excessive. This Court will determine whether the sentences are appropriate. | View |
| February 18, 2022 1:30pm | GYCV2021/005 | Sahadeo Prashad v Basmattie Persaud, Bhagmattie Persaud, Coblall Persaud | Judgment will be delivered in this appeal from the Court of Appeal of Guyana. The parties in this matter are siblings. At the lower courts, they contested the ownership of land in Vryheid’s Lust (the “land”). The main issue in this appeal is whether the Court of Appeal was correct in law to order that the land conveyed to the Appellant was held in trust for the estate of the siblings’ father, Harold Prashad. | View |
| February 18, 2022 2:00pm | GYCV2021/005 | Sheekela Kanhai and others v Basantie Persaud | Judgment will be issued in this appeal. The Appellants were granted leave by the Guyana Court of Appeal to appeal to the CCJ against the judgment of that court delivered on 20 December 2019. The Respondent had applied to the Commissioner of Title for, and was granted, a declaration of title to a property that had formed part of the property now owned by the Appellants. The Appellants appealed that declaration to the Court of Appeal, which dismissed the appeal and affirmed the decision of the Commissioner of Title | View |
| February 23, 2022 10:00am | DM/A/CV2021/002 | Glenroy Cuffy and Others v Melissa Skerrit and Others | This is a Notice of Application for Special Leave to appeal from Dominica. Some of the Applicants are members of the United Workers’ Party (“UWP”), and some of the Respondents are members of the Dominica Labour Party (“DLP”). The issue is whether the Court of Appeal had the jurisdiction to entertain appeals against the decision of the High Court judge striking out elections petitions for not disclosing a cause of action. The determination of this issue turns on whether the High Court judge’s order was final or interlocutory. | View |
| March 2, 2022 2:00pm | TTOJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | Judgment will be delivered in this matter. The Claimants were granted special leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. Belize and Trinidad Cement Limited were granted leave to intervene. As an Interim Measure, Trinidad & Tobago was ordered not to enforce a rate greater than the CET on other hydraulic cement until final Judgment is rendered in this matter or the Court varies or terminates that order. | View |
| March 15, 2022 2:00pm | GYCR2021/002 | Marcus Bisram v Director of Public Prosecutions | Judgment will be delivered in this appeal from Guyana. Marcus Bisram was charged with murder on the basis that he counselled and procured the death of Faiyaz Narinedatt. A Magistrate twice found that the evidence was not sufficient to commit him to stand trial at the High Court, but nevertheless committed him on the direction of the Respondent. Justice Simone Morris-Ramlall quashed the decisions of the Respondent and of the Magistrate to have the Applicant committed, but the Court of Appeal set aside that decision. The Court granted the Applicant special leave to appeal the decision of the Court of Appeal and also stayed that decision pending the hearing and determination of the appeal. | View |
| March 17, 2022 9:00am | 12th Annual CCJ International Law Moot | Welcome and Opening Remarks | View | |
| March 18, 2022 9:00am | 12th Annual CCJ International Law Moot | Last Session | View | |
| March 18, 2022 11:30am | 12th Annual CCJ International Law Moot | Closing Ceremony | View | |
| March 22, 2022 10:00am | GYCV2021/007 | The Commissioner of the Guyana Geology and Mines Commission v Diamond Quarries Inc, Baraca Quarry Inc | Diamond Quarries Inc (“Diamond”) applied to the Guyana Geology and Mines Commission (“GGMC”) for a licence to quarry land. After publishing a Notice of Intention to grant the quarry licence, GGMC discovered that Baracara Quarry Inc (“Baracara”), occupied and quarried the land for over 50 years. Baracara contends that it applied for a quarry licence since 2006 and a Notice of Intention was published in 2006. However, Baracara’s application did not contain the correct coordinates for the land and Baracara was never issued a licence in respect of the land. Diamond alleges that GGMC’s decided to sub-divide the land between itself and Baracara and claims a legitimate expectation that it would be granted the licence. GGMC contends that it did not make a decision to sub-divide the land and alleges that Diamond does not have a legitimate expectation. | View |
| March 24, 2022 1:00pm | BBCV2021/002 | Sandy Lane Hotel Co Ltd v Juliana Cato and Ors | This is the judgment in the following matter. The Respondents were all dismissed by the Appellant in 2012, and they brought actions challenging their dismissals. Both the Magistrate and the Court of Appeal held that the Respondents were wrongfully dismissed and awarded damages. The Appellant was granted leave by the Barbados Court of Appeal to appeal to the CCJ. | View |
| May 3, 2022 11:00am | BZCV2022/001 | Hillaire Sears v Parole Board, Minister of National Security, The Attorney General | The Appellant was convicted of manslaughter in 2002 and sentenced to 25 years in prison. In 2012, he was granted parole under several conditions, one being that he will not illegally use or possess controlled drugs. In 2014, he was suspected of using cannabis and immediately detained, before being informed 55 days later that his parole was revoked. He brought a constitutional claim alleging that both his detention and the Parole Board’s decision to revoke his parole without an opportunity to be heard were in violation of his rights to liberty and protection of the law guaranteed under the Constitution. He also claims that his right to not be subjected to inhuman and degrading conditions has been breached during his detention in prison. The High Court dismissed the Appellant’s claim, and the Court of Appeal upheld the decision. This Court will determine whether the Appellant was correct to bring his action via a constitutional motion and if so, whether there have been any breaches of his rights as he alleges. | View |
| May 5, 2022 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on November 23, 2021. | View |
| May 10, 2022 9:00am | GYCR2021/003 & 004 | Jarvis Small & Bibi Shareema Gopaul c/c Nari v The Director of Public Prosecutions | This is an appeal from the Court of Appeal of Guyana. It concerns whether the murder convictions of Bibi Gopaul and Jarvis Small are unsafe and whether the Court of Appeal's variation of their sentences of imprisonment to forty five years was manifestly excessive. | View |
| May 12, 2022 1:30pm | BBCR2021/003 | Elliston Mc Donald Greaves v The Queen | Judgment will be delivered in this matter in which the Appellant stabbed his common law wife of 13 years when her sex customer arrived at the premises to pay for and receive oral sex. On 3 July 2017, the Appellant pleaded not guilty to murder but guilty to manslaughter on the ground of provocation. He was sentenced to 20 years imprisonment, which was increased by 4 years due to the aggravating factors in the case, less a discount of one third for his early guilty plea and the time spent on remand of 928 days, a total of 13.5 years. This sentence was affirmed by the Court of Appeal on 19 March 2021. On 15 July 2021, the Appellant filed his Notice of Appeal with the Caribbean Court of Justice to appeal his sentence. | View |
| May 20, 2022 11:00am | BZCV2022/001 | Hillaire Sears v Parole Board, Minister of National Security, The Attorney General | An order will be delivered in this matter. The Appellant was convicted of manslaughter in 2002 and sentenced to 25 years in prison. In 2012, he was granted parole under several conditions, one being that he will not illegally use or possess controlled drugs. In 2014, he was suspected of using cannabis and immediately detained, before being informed 55 days later that his parole was revoked. He brought a constitutional claim alleging that both his detention and the Parole Board’s decision to revoke his parole without an opportunity to be heard were in violation of his rights to liberty and protection of the law guaranteed under the Constitution. He also claims that his right to not be subjected to inhuman and degrading conditions has been breached during his detention in prison. The High Court dismissed the Appellant’s claim, and the Court of Appeal upheld the decision. This Court will determine whether the Appellant was correct to bring his action via a constitutional motion and if so, whether there have been any breaches of his rights as he alleges. | View |
| May 27, 2022 11:00am | BZCV2022/002 | Jeffrey Sersland MD and Seferino Paz Jr v St. Matthews University School of Medicine Limited | This is an appeal from the Court of Appeal of Belize. The issue concerns whether the appellants had sufficient shares in the respondent company so as to have the authority in law to bring an action to investigate its affairs. | View |
| May 31, 2022 10:00am | GYCV2022/001 & GYCV2022/002 | The Attorney General of Guyana v Monica Thomas and Others & Bharrat Jagdeo v Monica Thomas and Others | This is a case management conference before the hearing of this matter. In this consolidated appeal, the appellants, the Attorney General of Guyana and Mr Bharrat Jagdeo appeal against the judgment of the Court of Appeal delivered on 21 December 2021. In this judgment, the majority held that the Court of Appeal has jurisdiction to entertain an appeal from the decision of Madame Chief Justice Roxane George-Wiltshire, sitting in the High Court, dismissing Election Petition 99 of 2020 on the grounds of late service, non-service or improper service. The appellants contend that the majority erred in law and had no jurisdiction to hear and determine the appeal; neither from statute, the Constitution nor does it have an inherent jurisdiction. | View |
| Jun 7, 2022 10:00am | GYCV2021/008 | Alexis Loncke and Lawrence Zaman v Olga Konyo Boatemma Addo | Alexis Loncke, and Lawrence Zaman (‘the Appellants’) and Olga Charles (‘the Respondent’) dispute title to land situated in Relief & Supply, East Bank Demerara, Guyana. The Respondent claims that she is entitled to the land as she is the paper owner of the land, by virtue of a transport duly executed in 1970. Loncke and Zaman claim that they are entitled to the land as they, through their predecessors occupied and possessed the land for over 27 years, which is more than the 12 years required for a squatter to obtain title. Both parties claim to use the land from 1970 to the time when proceedings began in 1996. The High Court and Court of Appeal found in favour of the Charles, as there was a considerable break in the Appellants’ possession of the land. The Appellants are appealing this decision | View |
| Jun 14, 2022 10:00am | AGOJ2021/001 | Ellis Richards and Others v The State of Trinidad and Tobago | This is the second case management conference before the hearing of this matter. The Claimants are claiming that Trinidad and Tobago’s plan to protect the funds of policyholders of certain subsidiaries of the Trinidadian conglomerate CL Financial after its collapse, discriminated against the policyholders of British American Insurance Company Limited, one of the subsidiaries, on the basis of nationality. The Applicants thus assert that the Respondent has contravened Articles 7, 36, 38 and 184 of the Revised Treaty of Chaguaramas. | View |
| Jun 15, 2022 11:00am | BZCV2022/002 | Jeffrey Sersland MD and Seferino Paz Jr v St. Matthews University School of Medicine Limited | Judgment will be delivered in this appeal from the Court of Appeal of Belize. The issue concerns whether the appellants had sufficient shares in the respondent company so as to have the authority in law to bring an action to investigate its affairs. | View |
| Jun 15, 2022 1:30 pm | GYCV2021/007 | The Commissioner of the Guyana Geology and Mines Commission v Diamond Quarries Inc, Baraca Quarry Inc | Judgment will be delivered in this appeal from Guyana. Diamond Quarries Inc (“Diamond”) applied to the Guyana Geology and Mines Commission (“GGMC”) for a licence to quarry land. After publishing a Notice of Intention to grant the quarry licence, GGMC discovered that Baracara Quarry Inc (“Baracara”), occupied and quarried the land for over 50 years. Baracara contends that it applied for a quarry licence since 2006 and a Notice of Intention was published in 2006. However, Baracara’s application did not contain the correct coordinates for the land and Baracara was never issued a licence in respect of the land. Diamond alleges that GGMC’s decided to sub-divide the land between itself and Baracara and claims a legitimate expectation that it would be granted the licence. GGMC contends that it did not make a decision to sub-divide the land and alleges that Diamond does not have a legitimate expectation. | View |
| Jul 5, 2022 1:30 pm | DM/A/CV2021/002 | Glenroy Cuffy and Others v Melissa Skerrit and Others | Judgment will be delivered in this application for special leave to appeal from Dominica. Some of the Applicants are members of the United Workers’ Party (“UWP”), and some of the Respondents are members of the Dominica Labour Party (“DLP”). The issue is whether the Court of Appeal had the jurisdiction to entertain appeals against the decision of the High Court judge striking out elections petitions for not disclosing a cause of action. The determination of this issue turns on whether the High Court judge’s order was final or interlocutory. | View |
| Jul 19, 2022 10:00 am | GYCV2022/001 & GYCV2022/002 | The Attorney General of Guyana v Monica Thomas and Others & Bharrat Jagdeo v Monica Thomas and Others | In this consolidated appeal, the appellants, the Attorney General of Guyana and Mr Bharrat Jagdeo appeal against the judgment of the Court of Appeal delivered on 21 December 2021. In this judgment, the majority held that the Court of Appeal has jurisdiction to entertain an appeal from the decision of Madame Chief Justice Roxane George-Wiltshire, sitting in the High Court, dismissing Election Petition 99 of 2020 on the grounds of late service, non-service or improper service. The appellants contend that the majority erred in law and had no jurisdiction to hear and determine the appeal; neither from statute, the Constitution nor does it have an inherent jurisdiction. | View |
| Jul 21, 2022 11:00 am | BZCV2022/003 | Caye International Bank Ltd v Rosemore International Corporation | The Appellant, Caye International Bank Ltd, is an international bank operating in Belize. The Respondent, Rosemore International Corp, is a company registered in Panama and a customer of Caye Bank. This claim involves a dispute over the sum of US$175,000.00 which Caye Bank, transferred on 23 April 2015 from Rosemore’s account without Rosemore’s authorisation and consent. The Court of Appeal of Belize upheld the trial judge’s decision that Caye Bank was liable to Rosemore for the unauthorised transfer. Caye Bank appeals this decision on the basis that it acted with reasonable care and complied with the terms of the Depository Agreement between Rosemore and itself. | View |
| Jul 29, 2022 11:00 am | BZCR2022/001 | Keith Gaynair v The Queen | This is an appeal from the Court of Appeal of Belize. The appellant was charged with manslaughter, and he argued that he acted in self-defence. The lower courts rejected his defence stating that the amount of force used to cause harm was excessive. The question for this Court is whether the amount of force used by the appellant to defend himself was reasonable or not. | View |
| Aug 19, 2022 1:30 pm | GYCR2021/003 & 004 | Jarvis Small & Bibi Shareema Gopaul c/c Nari v The Director of Public Prosecutions | Judgment will be delivered in this is an appeal from the Court of Appeal of Guyana. It concerns whether the murder convictions of Bibi Gopaul and Jarvis Small are unsafe and whether the Court of Appeal's variation of their sentences of imprisonment to forty five years was manifestly excessive. | View |
| Oct 4, 2022 11:00 am | DM/N/OJ2022/001 | DCP Successors Limited v The State of Jamaica | This is an application for special leave to espouse a claim from Dominica. The Applicant (“DCPS”) is a company duly incorporated under the laws of the Commonwealth of Dominica. The Respondent is the State of Jamaica. DCPS is a manufacturer of various soap products as it uses a process called saponification to make generic soap noodles which can then be scented and moulded. DCPS contends that the Respondent is breaching the provisions of the Revised Treaty of Chaguaramas by exempting soap manufacturers in Jamaica from paying the Common External Tariff on imported soap noodles which do not qualify for Community treatment as imported products. | View |
| Oct 11, 2022 10:00 am | GYCR2022/001 & 002 | Orwin and Cleon Hinds v The State | This is an appeal from the Court of Appeal of Guyana. The Appellants were convicted of the murder of an elderly woman. The Court of Appeal reduced their prison sentences to 50 years. They have appealed against both conviction and sentence. They argue that their convictions are unsafe due to errors of law made by the trial judge. They also argue that their sentences are manifestly excessive. | View |
| Oct 19, 2022 10:00 am | GYCV2022/001 & GYCV2022/002 | The Attorney General of Guyana v Monica Thomas and Others & Bharrat Jagdeo v Monica Thomas and Others | Judgment will be delivered in this consolidated appeal. The appellants, the Attorney General of Guyana and Mr Bharrat Jagdeo appeal against the judgment of the Court of Appeal delivered on 21 December 2021. In this judgment, the majority held that the Court of Appeal has jurisdiction to entertain an appeal from the decision of Madame Chief Justice Roxane George-Wiltshire, sitting in the High Court, dismissing Election Petition 99 of 2020 on the grounds of late service, non-service or improper service. The appellants contend that the majority erred in law and had no jurisdiction to hear and determine the appeal; neither from statute, the Constitution nor does it have an inherent jurisdiction. | View |
| November 2, 2022 10:00am | AGOJ2021/001 | Ellis Richards and Others v The State of Trinidad and Tobago | The claimants, who are British American Insurance Company Limited policyholders, allege that Trinidad and Tobago’s actions to protect the policyholders of certain other subsidiaries of CL Financial after its collapse was discriminatory. The full bench has decided to hear the preliminary issue of whether these actions fall outside the scope of Chapter III of the Revised Treaty of Chaguaramas, and if so, what are the consequences. | View |
| November 25, 2022 10:00am | BB/A/CR2022/001 | Jamar Dwayne Bynoe v The State | This is an application for special leave to appeal against the conviction of the applicant on six (6) counts of murder. The Court of Appeal of Barbados had upheld the conviction of the applicant before the trial judge, but had seen it fit to vacate the sentence of death which had been imposed consequently. The appellant argues that special leave to appeal the Court of Appeal’s decision is to be granted on fifteen (15) grounds relating to errors of law, including allegedly not being afforded legal representation during his trial. | View |
| November 29, 2022 11:00am | BZCV2014/002 | Maya Leaders Alliance v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on 5 May 2022. | View |
| Date/Time | Application Number | Parties/ Description | Case Summary | Broadcast |
| July 05, 2017 9:30am | BZCR2015/001 BZCR2015/002 | Gregory August v The Queen Alwin Gabb v The Queen | The matter is a consolidation of appeals from Belize brought by Gregory August and Alwin Gabb. Both were convicted of murder in separate cases and sentenced to life imprisonment. The central issue uniting both appeals is that of the constitutionality of the mandatory minimum life sentence imposed on them. | View Now |
| July 07, 2017 10:00am | GYCR2016/001 GYCR2016/002 | James Anthony Hyles v The Director of Public Prosecution of Guyana Mark Royden Williams v The Director of Public Prosecution of Guyana | This is a consolidation of appeals from Guyana brought by Mark Williams and James Hyles against the decision of the Court of Appeal which ordered their retrial. Both men previously went on trial for 11 counts of murder arising from one incident. | View Now |
| July 05, 2017 1:00pm | BZCV2011/002 BZCV2014/005 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd v The Attorney General of Belize The Minister of Public Utilities | View Now | |
| October 12, 2017 1:00pm | GYCV2017/004 | Rosemarie Ramdehol v Haimwant Ramdehol | The case concerns the division of business and personal assets between two former spouses arising from their divorce in 1998 and determining whether a letter detailing the division of these assets in 2012 is binding. | View Now |
| October 17, 2017 10:00am | BZCV2017/001 | The Belize Bank Limited v The Attorney General of Belize | An appeal from Belize brought by the Bank challenging the Court of Appeal’s decision to refuse to grant an order permitting it (the Bank) to enforce a 2013 arbitral award. The Government resists on public policy grounds. | View |
| October 19, 2017 9:00am | CONSOLIDATED APPEALS BZCV2011/002 BZCV2014/004 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd V The Attorney General of Belize The Minister of Public Utilities | The parties are seeking the Court’s interpretation of the terms of a Settlement Agreement (attached as a Schedule to the Telecommunications Acquisition Settlement Act No 14 of 2015) made between them on September 11, 2015 for compensation to be paid by the Government of Belize for the compulsory acquisition of shares in Belize Telemedia Ltd and associated securities and companies. | View |
| October 23, 2017 11:00am | BZCV2014/002 | The Maya Leaders & Ors v The Attorney General of Belize | On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. This hearing is to provide a status update to the Court on the progress made in implementing the Consent Order. | View |
| October 30, 2017 10:00am | GYCV2017/006 | THE ATTORNEY GENERAL OF GUYANA v DIPCON ENGINEERING | The Attorney General of Guyana is seeking to overturn the decision of the Court of Appeal, to disallow an extension of time to file an appeal, on the basis that there were outstanding circumstances that resulted in the government’s delay of seven months. | View |
| October 30, 2017 3:00pm | BZCV2014/002 | THE MAYA LEADERS & ORS v THE ATTORNEY GENERAL OF BELIZE | A post-judgement hearing continues, following the one held on October 23rd 2017, to determine next steps after a consent order was made for the Government of Belize to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| November 01, 2017 11:00am | CONSOLIDATED APPEALS BZCV2011/002 BZCV2014/004 BZCV2014/008 | DEAN BOYCE, TRUSTEES OF THE BTL EMPLOYEES TRUST & DUNKELD INT. INV. LTD v THE ATTORNEY GENERAL OF BELIZE & THE MINISTER OF PUBLIC UTILITIES | Judgment will be delivered in this matter that concerns the terms of a Settlement Agreement for compensation to be paid by the Government of Belize for the compulsory acquisition of shares in Belize Telemedia Ltd and associated securities and companies. | View |
| November 07, 2017 11:00am | BZCV2016/002 | PROGRESSO HEIGHTS LTD v PITTS & ELRINGTON WILFRED ELRINGTON | This is the hearing of a post-judgment application made by the Appellant after the Court entered judgment in August 2017 ordering the Respondents to deliver certain land transfer documents to the Appellant. The Second Respondent has informed the Court that having conducted a search, he was unable to locate the relevant land transfer/title documents. | View |
| November 22, 2017 11:00am | BZCV2017/001 | The Belize Bank Limited v The Attorney General of Belize | Judgment will be delivered in this matter brought by Belize Bank challenging the Court of Appeal’s refusal to grant an order permitting the Bank to enforce a 2013 arbitration award against the Government of Belize, who resist on public policy grounds. | View |
| December 01, 2017 1:00 pm | GYCV2017/009 | Wayne Vieira v Guyana Geology and Mines Commission | Mr Wayne Vieira, a gold miner, has appealed against the decision of the Court of Appeal of Guyana to reverse the decision of the High Court which had quashed a Cease Work Order issued against him on November 26, 2010, on the grounds that the Order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010. | View |
| December 06, 2017 9:30 am | GYCV2017/007 & 009 | Blairmont Rice Investments Inc v Kayman Sankar, Kayman Sankar Investments Limited and Beni Sankar & Wayne Vieira v Guyana Geology and Mines Commission | Judgment will be delivered in this matter brought by the Blairmont Rice Investment Inc. challenging the decision of the Court of Appeal of Guyana to proceed with the hearing of an appeal without the trial judge’s written reasons for his decision. The judge found that Blairmont was in breach of the agreements entered into with the respondents and was required to surrender possession of certain properties to them. & Judgment will be delivered in this matter brought by Mr Wayne Vieira, a gold miner, who has challenged the decision of the Court of Appeal of Guyana to reverse the decision of the High Court which had quashed a Cease Work Order issued against him by the Guyana Geology & Mines Commission. Mr Vieira is contending that the order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010. | View |
| December 14, 2017 10:00 am | GYCV2017/012 | University of Guyana v Clairmonte Cletus Cox | The University of Guyana has appealed to the CCJ to overturn the Court of Appeal’s dismissal of its challenge to a 2014 decision made by the High Court. In its 2014 decision, the High Court granted orders in Mr Cox’s favour nullifying the University’s decision to refuse his application for a review of examination marks in two failed law courses primarily on the basis of his non-payment of fees. | View |
| January 15, 2018 11:00 am | BZCV2011/002 BZCV2014/005 BZCV2014/008 | Dean Boyce Trustees of the BTL Employees Trust Dunkeld Int. Ltd v The Attorney General of Belize The Minister of Public Utilities | This is a post judgment application filed by Dean Boyce, Trustees of the BTL Employees Trust and Dunkeld Int. Ltd. seeking to overturn an injunction granted by the High Court of Belize in favour of Sunshine Ltd., a company owned by the government of Belize. | View |
| January 17, 2018 10:00 am | GYCV2017/003 | Kowsal Narine, as Executor of the Estate of Nateram, dec’d v Deonarine Natram, Ashbourne Lipton Chan & Foster Gilford Chan | The matter concerns a dispute between two brothers over property owned by their deceased father. The appellant is seeking to overturn the decision of the Court of Appeal which reversed the order of the High Court judge who had granted a declaration of title in his favour. | View |
| January 19, 2018 10:00 am | GYCV2017/005 | Guyana Stores Ltd v The AG The Revenue Authority The Commissioner General of the Revenue Authority | This matter concerns tax liability that arose when the company was publicly owned. It was transferred to private ownership and disputed the tax liability on constitutional grounds. | View |
| January 24, 2018 9:00 am | BBCR2017/002 & 003 | Jabari Sensimania Nervais & Dwayne Omar Severin v The Queen | The matter is a consolidation of appeals from Barbados brought by Dwayne Omar Severin and Jabari Sensimania Nervais. Both were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death | View |
| January 25, 2018 9:00 am | BBCR2017/002 & 003 | Jabari Sensimania Nervais & Dwayne Omar Severin v The Queen | The matter is a consolidation of appeals from Barbados brought by Dwayne Omar Severin and Jabari Sensimania Nervais. Both were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death | View |
| January 30, 2018 11:00 am | BZCV2017/002 | Kent Herrera Nikita Usher Valdemar Castillo Vildo Marin Eugenio EK Leonardo Varela v Alma Gomez (Supervisor of Insurance) Dean Barrow (Minister of Finance) Attorney General | The Appellants are all policy holders of the CLICO Executive Flexible Premium Annity Policies (EFPA Policies) and are asking for several declarations refused by the Supreme Court of Belize, as well as damages, against the Respondents arising from CLICO’s breach of statutory duty. | View |
| January 31, 2018 10:00 am | GYCV2017/011 | Rajpattie Thakur, in her capacity as the Executrix of the Will of Dolarie Thakur, aka Dolarie Takur v Deodat Ori | The Appellant claims prescriptive title to the disputed property via a will while the Respondent claims ownership on the basis that he purchased the disputed property and holds the paper title (Transport). | View |
| February 07, 2018 10:00 am | GYCV2017/013 | Deorani Singh v The Attorney General of Guyana, Industrial and Commercial & Investments Limited | The property central to this appeal was compulsorily acquired by the Government of Guyana in 1982. The courts below found that the acquisition breached the right to property in Article 142(1) of the Guyana Constitution. The appellant is appealing the award of $30 million in damages for said breach and is asking this Court to declare that the property is not owned by the state and to award damages of $452 million for loss of income in respect of said property for the last 35 years. | View |
| February 19, 2018 11:00 am | BZCV2014/002 | The Maya Leaders Alliance & 23 Other Villages v The Attorney General of Belize | This is the latest hearing in this ongoing matter to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| February 23, 2018 10:00 am | BBCR2017/001 | Teerauth Persaud v The Queen | Mr. Teerath Persaud pleaded guilty to manslaughter and was sentenced to 25 years in prison. He is now seeking to have his sentence reduced on the basis that it is excessive, especially when compared to the sentence of his co-accused, who also pleaded guilty to manslaughter but was sentenced to 16 years imprisonment by a different judge. | View |
| March 5, 2018 10:00am | GYCV2017/005 | Guyana Stores Ltd v The AG The Revenue Authority The Commissioner General of the Revenue Authority | Judgment delivery for this matter. | View |
| March 5, 2018 10:15am | BBCV2017/004 | Sandy Lane Hotel Co. Ltd v Cato and Others | The appellant is seeking to challenge a decision of the Barbados Court of Appeal to refuse to extend the time within which an appeal was filed. The appeal was filed in relation to a decision by a Magistrate in a wrongful dismissal action that was made in favour of the respondents. | View |
| March 12, 2018 10:00am | GYCV2017/008 | The Attorney General of Guyana v. Cedric Richardson | The Appellant is seeking to overturn the Court of Appeal’s decision which held that an Act passed by the government to amended Article 90 of the Constitution by introducing new criteria for eligibility to run for the office of President of the Republic, indirectly breached Articles 1 and 9 of the Constitution which gives the electorate of Guyana the right to elect a President of their choice. | View |
| March 13, 2018 10:00am | GYCV2017/013 | Deorani Singh v The Attorney General of Guyana and National and Commercial Investments LTD. | Judgment will be delivered in this matter that concerns the compulsory acquisition on property by the Government of Guyana in 1982. | View |
| March 14, 2018 10:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | The hearing of 3 post-judgment applications. The Bank ultimately seeks an order directing the Minister of Finance to pay a 2013 arbitral award of over BZ$91M, which this Court determined to be enforceable. The Attorney General challenges that application and also asks the CCJ to correct its judgment and seeks an order to reduce the post-judgment interest. | View |
| March 15, 2018 3:00pm | BZCV2014/002 | Maya Leaders & Ors v The Attorney General of Belize | The CCJ is continuing to hold post-judgment hearings to monitor the progress of compliance. | View |
| March 16, 2018 10:00am | GYCV2018/001 | The Medical Council of Guyana v Jose Ocampo Trueba | Dr Trueba, filed an application for judicial review in the High Court seeking orders to overturn the Council’s decision to refuse his application for a full status licence. The High Court dismissed Dr Trueba’s application. On appeal, the Court of Appeal found that the High Court Judge did not consider whether Dr Trueba’s case was so exceptional that it could only be resolved by judicial review. The Medical Council is seeking to overturn this decision. | View |
| March 21, 2018 11:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | Judgment will be delivered in one of three post-judgment applications. In this application, the Attorney General of Belize seeks an order specifying the interest rate applicable on a 2013 arbitration award found enforceable by the CCJ, is 6% and not the 17% stipulated in the award. | View |
| March 26, 2018 10:00am | BBCV2017/004 | Sandy Lane Hotel v Juliana Cato, Wayne Johnson and Charmaine Poyer | Judgment will be delivered in this case where the hotel is seeking to challenge a decision of the Barbados Court of Appeal to refuse to extend the time within which an appeal was filed in relation to a decision to a wrongful dismissal matter. | View |
| March 29, 2018 3:00 pm | BZCR2015/001&2 BZCV2017/002 | Gregory August & Alwin Gabb v The Queen AND Kent Herrera Nikita Usher Valdemar Castillo Vildo Marin Eugenio EK Leonardo Varela v Supervisor of Insurance, Minister of Finance and Attorney General | Two judgments will be delivered this afternoon. 1.Judgement will be delivered in this case brought by holders of CLICO's Executive Flexible Premium Annity policies against Belize's Minister of Finance, Attorney General and Supervisor of Insurance. 2. Judgment will be delivered in two consolidated criminal appeals from Belize. Gregory August and Alwin Gabb have challenged the constitutionality of their respective life sentences for murder. Additionally, Mr. August has also appealed his 2012 murder conviction on the basis that various aspects of his trial were unfair and the conviction was improper. | View |
| April 11, 2018 11:00am | BZCR2017/005 | Japhet Bennett v The Queen | Mr. Japhet Bennett, who was convicted of murder in 2013, is appealing his conviction. He contends that the prosecution’s case hinged on the account of a sole witness, who told the police that he had been seen Mr. Bennett standing over the deceased’s body with a gun. The witness later denied that claim during the trial. Mr. Bennett contends that the witness’ previous inconsistent statement should not have been admitted into evidence and that the judge should have withdrawn the case from the jury. | View |
| April 12, 2018 10:00am | GYCV2017/017 | Rodrigues Architects Limited v New Building Society Limited | This is a special leave application from Guyana that arises from a fee dispute. A High Court judgment ordered New Building Society Ltd. (NBSL) to pay over GY $15m plus interest to Rodrigues Architects Ltd. for services provided in relation to the construction of NBSL’s head office. NBSL filed an appeal and was granted a stay of execution of the judgment pending the appeal. The architecture firm has objected and is asking the CCJ to determine the correct procedure for granting a stay of execution of a judgment. | View |
| April 17, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v Attorney General of Guyana | ||
| April 19, 2018 10:00am | GYCV2017/010 | Bauxite Company of Guyana Inc. v Haresh Narine Sugrim | This matter concerns a dispute between the Guyana Bauxite Company and the respondent, Mr Haresh Narine Sugrim, who owns a dredging company, regarding the volume of material excavated by the respondent and the amount that is payable to the dredging company under the contract. The High Court awarded damages of US$992,123.00 to Mr Sugrim which the Court of Appeal later reduced by 20%. The Respondent is also cross-appealing this reduction by the Court of Appeal. Both parties are seeking to challenge the damages awarded by the High Court and Court of Appeal. | View |
| April 29, 2018 10:00am | BBCV2018/001 | James Ifill v The Attorney General of Barbados & The Chief Personnel Officer | View | |
| May 04, 2018 10:00am | GYCV2018/002 | Rodrigues Architects Limited v NBSL | Judgment will be delivered in this matter which is concerns a fee dispute related to the construction of NBSL’s head office. NBSL had been granted a stay of execution of a previous judgment pending the appeal and the architecture firm has objected and had asked the CCJ to determine the correct procedure for granting a stay of execution of a judgment. | View |
| May 10, 2018 10:00am | BBCR2017/001 | Teerauth Persaud v The Queen | Judgment will be delivered in this matter where Mr. Teerath Persaud, who plead guilty to manslaughter, appealed to have his sentence reduced on the basis that it is excessive. | View |
| May 10, 2018 10:30am | GYCV2017/003 | Kowsal Narine, as Executor of the Estate of Nateram, Dec'd v Deonarine Natram, Ashbourne Lipton Chan and Foster Gilford Chan | The CCJ will deliver judgment in this case to resolve a land dispute among brothers.The appellant is seeking to overturn the decision of the Court of Appeal which reversed the order of the High Court judge who had granted a declaration of title in his favour. | View |
| May 11, 2018 10:00am | GYCR2016/001 & 002 | James Anthony Hyles, Mark Royden Williams v The Director of Public Prosecutions | The CCJ will deliver judgement in a consolidation of appeals from Guyana brought by Mark Williams and James Hyles against the decision of the Court of Appeal. Both men previously went on trial for 11 counts of murder arising from an incident dubbed the Lusignan Massacre. | View |
| May 13, 2018 11:00am | BBCV2018/002 | Eddy David Ventose v Chief Electoral Officer | Professor Ventose, a St Lucian national who has lived in Barbados for several years, is seeking to be included on the Barbados' voters' list. The Chief Justice of Barbados, sitting as a trial judge, after hearing arguments on the matter, had issued the order compelling the Chief Electoral Officer to allow him to vote. The Court of Appeal very recently ruled that Professor Ventose was entitled to be registered to vote but stopped short of compelling the Chief Electoral Officer to do so. Instead, ordering the CEO to determine Professor Ventose's claim within 24 hours. Professor Ventose is turning to the CCJ to for final determination on the matter. | View |
| May 16, 2018 09:00am | Special Sitting of the Court to mark the retirement from office of the Rt. Hon. Sir Charles Michael Dennis Byron, President of the Caribbean Court of Justice at the High Court of Antigua and Barbuda | View | ||
| May 29, 2018 10:00am | BBCV2018/001 | James Ifill v The Attorney General of Barbados & The Chief Personnel Officer | The appellant, a Transport Inspector employed within the Barbados Public Service, was directed to "compulsorily resign" from his post after an investigation found him guilty of seven charges of misconduct. He is challenging his removal from office on the basis that it violated the Barbados Constitution and he is also seeking his wages and benefits from the time at which he was directed to resign. | View |
| June 1, 2018 11:00am | BZCV2017/001 | The Belize Bank Ltd. v The Attorney General | The CCJ will deliver judgment in the last two of three post-judgment applications between the Belize Bank Ltd and the Attorney General of Belize, all of which were heard on March 14, 2018. The Court will give its decision on the Bank’s application (and the Attorney-General’s counter application) for enforcement orders against the Minister of Finance. In 2017, the CCJ authorized the Bank to enforce a BZ$36.89m international arbitration award against the Government. | View |
| June 18, 2018 11:00am | BZCR2017/004 | The Queen v Gilbert Henry | Mr Gilbert Henry was convicted of the indictable offence of dangerous harm in 2012 and sentenced to five years of imprisonment. An appeal was heard in March 2017 and on March 22nd, an oral judgment was delivered which dismissed the appeal and affirmed his conviction and sentence. The court added that reasons for the decision and orders would follow. However, when the written judgment was delivered in June 2017, the Court of Appeal allowed the appeal and quashed the conviction. The DPP is appealing to the Caribbean Court of Justice to reinstate the oral judgment of 22 March 2017. | View |
| June 20, 2018 10:00am | GYCV2017/011 | Rajpattie Thakur v Deodat Ori | Judgment will be delivered in this matter involving a land dispute in Guyana. The appellant claims prescriptive title to the disputed property while Mr. Ori claims ownership on the basis that he holds the paper title. | View |
| June 26, 2018 10:00am | GYCV2017/008 | The Attorney General of Guyana v Cedric Richardson | Judgment will be delivered in this matter where Guyana's AG is seeking to overturn the Court of Appeal’s decision which held that an Act passed by the government to amended Article 90 of the Constitution by introducing new criteria for eligibility to run for the office of President of the Republic indirectly breached Articles 1 and 9 of the Constitution. Those articles give the electorate of Guyana the right to elect a President of their choice. | View |
| June 26, 2018 11:00am | BZCV2017/004 | Dean Boyce British Caribbean Bank Ltd & Lord Michael Ashcroft King v JLSC | The appellants in this appeal are challenging the decision of the Judicial and Legal Services Commission (JLSC) to refuse to move forward with a complaint against a judge. They are asserting that the JLSC should determine whether the Hon Mr Justice Awich, currently a Justice of Appeal in the Court of Appeal of Belize, should be investigated for misbehaviour and/or inability arising from concerns over “excessive delays in the delivery of judgments” while he was a Judge of the Supreme Court. Previously the Court of Appeal had upheld the JLSC’s decision not to recommend investigation of the allegations, disagreeing with the trial judge that the concerns were relevant to the Judge serving in his current role. | View |
| June 27, 2018 10:00am | BBCR2017/002 & 003 | Jabari Sensimania Nervais v The Queen & Dwayne Omar Severin v The Queen | Judgment will be delivered in this consolidation of death penalty appeals from Barbados. Both men were convicted of murder in separate cases and sentenced to death. They are appealing against their convictions for murder and the central issue uniting both appeals is that of the constitutionality of the mandatory sentence of death. | View |
| June 28, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v The Attorney General of Guyana | The appellants, who identify as transgender persons, are appealing their highly-publicized convictions for the offence of being men who were wearing female attire in public for an ‘improper purpose’, which is an offence in Guyana. The appellants are challenging this law on several grounds, including that it is discriminatory and inconsistent with the Constitution of Guyana. | View |
| June 29, 2018 10:00am | BZCV2017/003 | Titan International Securities Inc v The Attorney General of Belize & The Financial Intelligence Unit | Titan International Securities Inc appeals to the Caribbean Court of Justice against the decision of the Court of Appeal of Belize to set aside an award of $4.460 million USD in compensatory damages. Both the High Court and the Court of Appeal agreed that a search and seizure of Titan’s premises was conducted in an unreasonable and excessive manner and in breach of its constitutional rights against arbitrary and unlawful interference with its privacy, but the Court of Appeal held that Titan did not prove that the losses suffered were a result of the contravention of its constitutional rights. Titan is also challenging the constitutionality of section 18 of the Mutual Legal Assistance and International Cooperation Act. | View |
| July 4, 2018 4:00pm | The installation ceremony of the Hon. Mr. Justice Saunders as the President of the Caribbean Court of Justice | His Excellency The Most Honourable Sir Patrick Allen, ON, GCMG, CD, KSt.J, Governor-General of Jamaica | The Hon. Mr. Justice Adrian Saunders will be sworn-in as the 3rd President of the CCJ as one of the activities surrounding the 39th Regular Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) in Jamaica. | View |
| July 10, 2018 10:00am | GYCV2018/003 | Sattie Basdeo and Roxanne St. Hill v Guyana Sugar Corporation, Noel Holder and The Attorney General of Guyana | The applicants in this matter are seeking special leave to appeal the decision of Guyana’s Court of Appeal which refused to, among other things, quash the decision of the Guyana Sugar Corporation, to sever the employment of approximately 4400 workers when they closed the operations of some sugar estates in December 2017. | View |
| July 10, 2018 2:30pm | BZCR2017/004 | The Queen v Gilbert Henry | Judgment will delivered in this case where Mr Gilbert Henry was convicted of the indictable offence of dangerous harm in 2012 and sentenced to five years of imprisonment. Belize's DPP is appealing to the Caribbean Court of Justice to reinstate the oral judgment which had been reversed by the Court of Appeal. | View |
| July 11, 2018 1:00pm | TTOJ2018/002 | Trinidad Cement Ltd and Arawak Cement Company Ltd v Barbados and Rock Hard Cement Limited | Trinidad Cement Ltd and Arawak Cement Ltd claim that Barbados breached the Revised Treaty of Chaguaramas when the government unilaterally reduced the common external tariff on cement classified as ‘other hydraulic cement’ from 60% to 5% in 2015. They also say that the government incorrectly classified cement being imported by another company, Rock Hard Cement, as ‘other hydraulic cement’. The applicant want the CCJ to grant an interim order mandating that Barbados charge a 60% tariff on 'other hydraulic cement' until the Court determines the substantive claim in November 2018. | View |
| July 13, 2018 9:30am | Special Sitting of the Court to honour the Hon. Mr. Justice Adrian Saunders | The Honorable Mr. Justice Wit and various speakers | This is the first of two Special Sittings of the Court to honour its new President, at the Seat of the Court in Trinidad and Tobago. | View |
| July 16, 2018 10:00am | BBCV2017/005 | Patrick Hill v Sagicor Life Inc. | Mr Hill, had applied to the Court of Appeal of Barbados seeking leave to appeal its ruling which overturned the decision of the Severance Payments Tribunal, the court decided that in accordance with the Constitution, the question of jurisdiction should be determined by the CCJ. | View |
| July 17, 2018 10:10am | BZCV2018/001 | Cruise Solutions Limited and Discovery Expeditions Ltd. v The Commissioner of General Sales Tax and The Attorney General of Belize | The Court will hear a tax appeal involving two licensed tour operators, Cruise Solutions Ltd and Discovery Expeditions Ltd, and the Commissioner of General Sales Tax and the Attorney General of Belize. The dispute between the parties surrounds whether the tour services provided by the tour operators to passengers from cruise ships visiting Belize are zero-rated under the General Sales Tax Act or are taxable at the rate of 12.5%. | View |
| July 20, 2018 1:00pm | Special Sitting of the Caribbean Court of Justice to honour the Hon. Mr. Justice Adrian Saunders, at the High Court, St Vincent | The Honorable Mr. Justice Wit and various speakers | The second Special Sitting takes place in Mr. Justice Saunders’ home country of St. Vincent and the Grenadines at the House of Assembly in Kingstown. | View |
| July 25, 2018 9:00am | TTOJ2018/001 | Trinidad Cement Limited v The State of Trinidad, Rock Hard Distribution Limited and Mootilal Ramhit and Sons Limited | Trinidad Cement Limited is alleging that the State of Trinidad and Tobago has applied the incorrect classification to Rock Hard Cement which is imported from Turkey and is distributed in Trinidad and Tobago by Mootilal Ramhit and Sons Contracting Limited and Rock Hard Distribution Limited, the regional distributor. TCL claims that Trinidad and Tobago has breached several provisions of the Revised Treaty of Chaguaramas by applying a Common External Tariff (CET) rate of 0% on Rock Hard Cement instead of the appropriate rate of 15%. | View |
| July 30, 2018 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in this ongoing matter to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. | View |
| July 31, 2018 11:00am | BZCV2017/004 | Dean Boyce, British Caribbean Bank Ltd and Lord Michael Ashcroft King v JLSC | Judgment will be delivered in this matter where the appellants in are challenging the decision of the Judicial and Legal Services Commission (JLSC) to refuse to move forward with a complaint against the Hon Mr Justice Awich. | View |
| October 1, 2018 10:00am | TTOJ2018/003 | Jason Jones v Council for Legal Education, Council for Human Social Development and Council for Trade and Economic Development | Jason Jones filed an application for special leave against the Council of Legal Education, Council for Social and Human Development and Council for Trade and Economic Development alleging that the automatic acceptance of persons graduating with law degrees from the University of the West Indies (UWI) into the law schools, and the requirement for the holders of "non-UWI" law degrees to sit an entrance exam to gain entrance to the law schools, amounts to breaches of the Revised Treaty of Chaguaramas. This is the hearing of two preliminary objections made by the CLE and CARICOM. | View |
| October 2, 2018 11:00am | BZCR2018/001 | Dioncicio Salazar v The Queen | Dionicio Salazar was convicted of the murder of Marlon Riviera in 2016 in a judge only trial. He is seeking to have his conviction overturned on the basis that the trial judge failed to direct herself on the weight to be given to the untested deposition of Dean Dougal. Dougal, one of the main prosecution witnesses, died prior to trial and was not able to give live evidence. He is also arguing that the trial judge wrongly considered a portion of a transcript from a murder trial in which he was acquitted in 2015. | View |
| October 11, 2018 10:00am | GYCV2018/004 | Sharaz Aflli Edoo v Mohamed Edoo | This case concerns a dispute between two brothers over a contract for the sale and purchase of land situated in Berbice, Guyana made in 1987. Mr Sharaz Edoo argued that following his brother’s complaint that the purchase price was too expensive, and subsequent events that followed a disagreement between them, the contract was brought to an end. This was rejected by the lower court and Mr. Sharaz Eddo is now challenging the judgment of the High Court which was affirmed by the Court of Appeal, that ordered the property transferred to his brother. | View |
| October 12, 2018 11:00am | BZCV2018/001 | Cruise Solutions Limited and Discovery Expeditions Ltd. v The Commissioner of General Sales Tax and The Attorney General of Belize | Judgment will be delivered in the dispute between the parties on whether the tour services provided by the companies to passengers from cruise ships visiting Belize are zero-rated or are taxable at the rate of 12.5%. | View |
| October 16, 2018 10:00am | GYCV2017/014 | Chandra Ramotar Singh v Bhagwantlall Mossal & Alvin Alves | Mr. Chandra Singh is seeking to cancel the land title of Mr. Alvin Alves which a High Court Judge found was obtained through fraud. However, when the matter was appealed to the Court of Appeal, Mr. Singh’s claim failed. The Court of Appeal found that the High Court Judge erred when he cancelled Mr. Alves’ title and that Mr. Singh had no legal capacity to bring the claim based on its interpretation of previous CCJ decisions on the remedies available under an agreement for sale in Guyana. | View |
| October 17, 2018 2:00pm | BZCV2017/003 | Titan International Securities Inc v The Attorney General of Belize & The Financial Intelligence Unit | The CCJ will deliver judgment in this matter which saw Titan International Securities Inc appealing the decision of the Court of Appeal of Belize to set aside an award of $4.460 million USD in compensatory damages after a search and seizure of Titan’s premises. | View |
| October 17, 2018 2:30pm | BZCR2017/005 | Japhet Bennett v The Queen | Judgment will be delivered in this matter from Belize. Mr. Japhet Bennett, who was convicted of murder in 2013, is appealing his conviction. He contends that the prosecution’s case hinged on the account of a sole witness, who told the police that he had been seen Mr. Bennett standing over the deceased’s body with a gun. The witness later denied that claim during the trial. | View |
| October 23, 2018 10:00am | DMCV 2018/001 & DMCA 2013/007 | Mariette Warrington v Dominica Broadcasting Corporation | Ms. Mariette Warrington had been employed with the Dominica Broadcasting Corporation (DBC) as manager of the radio broadcasting services under two consecutive employment contracts which ended in 2008. Ms. Warrington continued to perform the functions of manager until 2010 when the DBC’s Board terminated her employment. The Court of Appeal ruled in favour of the DBC and Ms. Warrington is seeking to overturn this decision on the basis that the DBC breached the implied contract of employment that existed between the parties and seeks compensation in the sum of $ 459,900. 00 EC Dollars. However, the DBC claims that there could be no implied contract of employment on the basis that they did not receive the advice of the Prime Minister as required by law. | View |
| November 9, 2018 2:00pm | TTOJ2018/003 | Jason Jones v Council for Legal Education, Council for Human Social Development and Council for Trade and Economic Development | Judgment will be delivered in this matter where Jason Jones argued that the automatic acceptance of persons graduating with law degrees from the University of the West Indies (UWI) into the law schools, and the requirement for the holders of "non-UWI" law degrees to sit an entrance exam to gain entrance to the law schools, amounts to breaches of the Revised Treaty of Chaguaramas. | View |
| November 13, 2018 10:00am | GYCV2017/015 | Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud v The Attorney General of Guyana | Delivery of the judgment in this matter where the appellants, who identify as transgender persons, are appealing their highly-publicized convictions for the offence of being men who were wearing female attire in public for an ‘improper purpose’, which is an offence in Guyana. The appellants are challenging this law on several grounds. | View |
| November 29, 2018 02:00pm | TTOJ2018/001 & 2, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited & The State of Trinidad and Tobago, Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distribution Limited v The State of Trinidad and Tobago and The Caribbean Community Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | This is a CMC in four Original Jurisdiction cases concerning the classification of imported cement and the applicable customs duties based on its classification. The Court will also consider submissions on an application for special leave to bring a claim for breach of the Revised Treaty of Chaguaramas, the jurisdiction of the Council of Trade and Economic Development (COTED) to classify imported cement and an order to discharge an interim order requiring Barbados to charge a 60% customs duty on all cement classified as “other hydraulic cement”. | View |
| November 30, 2018 10:00am | DMCV 2018/001 & DMCA 2013/007 | Mariette Warrington v Dominica Broadcasting Corporation | The CCJ will deliver judgment in this case, heard on October 23rd, where Ms. Mariette Warrington is seeking redress from Dominica Broadcasting Corporation for termination of employment. She seeks compensation in the sum of EC$ 459,900. | View |
| December 5, 2018 10:00am | BBCR2017/004 | Renaldo Anderson Alleyne v The Queen | In 2010, Mr. Renaldo Alleyne was convicted of manslaughter and sentenced to six concurrent life sentences, after 6 young women died when the Campus Trendz Mall was firebombed during a robbery. At the Court of Appeal in Barbados, Mr. Alleyne said the life sentences were excessive and further that the trial judge did not consider a discount for his early guilty plea. In dismissing his appeal, the Court of Appeal held that his sentences were neither excessive, disproportionate or wrong in principle, given the gravity of the offence, and that the issue of a discount does not apply to an indeterminate sentence. Mr. Alleyne is now seeking to overturn the decision of the Court of Appeal. | View |
| January 15, 2019 10:00am | GDOJ2018/001 | Tamika Gilbert, Lynnel Gilbert, Royston Gilbert & Glennor Gilbert v The State of Barbados | The Applicants, citizens of Grenada, are seeking special leave to bring a claim against Barbados for breach of their right to freedom of movement under Article 45 of the Revised Treaty of Chaguaramas. The Applicants in October 2016 visited Barbados for the purpose of obtaining US visas. Tamika Gilbert while at a mall was accused of stealing a cell phone. She was subsequently taken to the police station against her will for questioning and both she and her sister were subjected to what they referred to as an “invasive and humiliating” strip search. They argue that their right under the Treaty was breached when the police refused to allow them to leave until Tamika amended her written statement, knowing that the family was scheduled to leave on a flight to Grenada on the same day. | View |
| January 28, 2019 10:00am | DMCV2018/003 | Gloria Shillingford v Angel Andrew | This appeal concerns a dispute over the sale of two parcels of land owned by Mr. Angel Peter Andrew under a power of attorney granted to his sister, Gloria Shillingford and transactions allegedly carried out by Ms. Shillingford in relation to the lands and certain payments made by her. Mr. Andrew had brought a claim against his sister to recover EC$2 million and both the High Court and the Court of Appeal ruled in his favour. Ms. Shillingford now appeals to the CCJ seeking to overturn those decisions. | View |
| February 6, 2019 10:00am | GYCV2017/014 | Chandra Ramotar Singh v Bhagwantlall Mossal & Alvin Alves | The Court will deliver judgment on on this appeal where Mr. Chandra Singh is seeking to cancel the land title of Mr. Alvin Alves which a High Court Judge found was obtained through fraud. | View |
| February 6, 2019 10:30am | DMCV2018/003 | Gloria Shillingford v Angel Andrew | Judgment will be delivered in this case from Dominica. This appeal concerns a dispute over the sale of two parcels of land owned by Mr. Angel Peter Andrew, under a power of attorney granted to his sister, Gloria Shillingford and payment allegedly made by her in relation to the lands, including certain payments made by Gloria to two connected parties. | View |
| February 12, 2019 10:00am | TTOJ2018/001 & 2, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited & The State of Trinidad and Tobago, Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distribution Limited v The State of Trinidad and Tobago and The Caribbean Community Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | Hearings continue in four related Original Jurisdiction cases concerning the classification of imported cement and the applicable customs duties. The Court will also hear oral submissions on the issue of whether a CARICOM member state that obtained an exemption from CARICOM’s Council for Trade and Economic Development (COTED) to increase a tariff rate above the common external tariff, will need permission from that body to reintroduce the previous rate. | View |
| February 19, 2019 10:00am | BBCV2018/005 | Octavius John & Laurent John v CLICO International Insurance Limited | The appellants invested in CLICO but when they surrendered their policies they were not paid their entitlements. They obtained a default judgment against CLICO from the High Court of Dominica and sought to enforce that judgment in Barbados. Before they could enforce the judgment, CLICO was put under judicial management and so they had to obtain permission from the court to enforce it, which was granted. However, CLICO appealed to the Court of Appeal and the appellants’ permission to enforce the judgment was denied. | View |
| March 18, 2019 10:00am | GYCV2018/008 | James Ramsahoye v Linden Mining Enterprises, Bauxite Industry Development Company Limited & National Industrial And Commercial Investments Limited | The Applicant, James Ramsahoye, is seeking special leave from the CCJ, to appeal a decision of the Full Bench of the Court of Appeal of Guyana which reversed the Orders made by Justice of Appeal Roy sitting as a single Justice of Appeal in the Court of Appeal. | View |
| March 22, 2019 4:45pm | 11th Annual Caribbean Court of Justice Law Moot 2019 | Final Round, Judgment & Awards Ceremony | The CCJ will host ten teams from regional law schools and faculties Court on March 21 and 22, 2019 at the CCJ’s headquarters in Trinidad and Tobago. | View |
| March 26, 2019 10:00am | GYCV2018/007 | Guyana National Co-operative Bank v R.N. Persaud Company Ltd, Leguan Rice Milling Incorporated & The Registrar of Deeds | This appeal arose out of a claim for recovery of debt and the transfer of a piece of land in breach of a related order of the court. The Bank later filed contempt proceedings to have the Managing Director of R.N. Persaud Company Ltd imprisoned for the breach. The bank later withdrew the application and sought to proceed with the recovery of the debt. However, the High Court and Full Court found that the bank had abandoned the debt recovery claim while pursuing the contempt proceedings. The matter was appealed to the Court of Appeal which sent the case back to the Full Court to determine whether it had jurisdiction. The Bank now appeals this decision before the CCJ. | View |
| March 29, 2019 11:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | This is a case management conference before the hearing of an appeal. On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| April 2, 2019 10:00am | GYCV2018/009 | Arnold Sankar v Guyana Rice Development Board | In 2017, Mr. Arnold Sankar sought in excess of GY$99 million in damages from the Guyana Rice Development Board, alleging a breach of a contract between them for the sale of his rice paddy. The Full Court awarded judgment in Mr. Sankar’s favour in April 2018 after the GRDB failed to file its defence in time. In October 2018, the Board successfully obtained leave from the Court of Appeal to appeal that award, though the application was filed five and a half months late. Mr. Sankar is seeking special leave from the CCJ to appeal against the decision of the Court of Appeal, to extend time to file the appeal and grant leave to appeal on the basis that the delay was excessive. | View |
| April 10, 2019 10:00am | DMCV2018/002 | David George v Albert Guye | Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| April 17, 2019 10:00am | TTOJ2018/002 & BBOJ2018/001 | Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Cement Limited v The State of Barbados and The Caribbean Community | The CCJ will deliver judgment on this matter concerning applicable tariffs on imported cement. | View |
| April 18, 2019 10:00am | BBCV2018/005 | Octavius John & Laurent John v CLICO International Insurance Limited | Judgment will be delivered in this matter were the appellants invested in CLICO but were not paid their entitlements. They obtained a default judgment against CLICO from the High Court of Dominica and sought to enforce that judgment in Barbados. However, CLICO appealed to the Court of Appeal and the appellants’ permission to enforce the judgment was denied. | View |
| April 24, 2019 10:00am | GYCV2019/009 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon | The CCJ will have a pre-trial hearing on matters arising from the recent no-confidence motion in Guyana. The substantive matter is set for hearing on May 10 for determination. | View |
| May 02, 2019 10:00am | BBCR2017/004 | Renaldo Anderson Alleyne v the Queen | The CCJ will deliver judgment in this matter where Mr. Renaldo Alleyne was convicted of manslaughter and sentenced to six concurrent life sentences, after 6 young women died when the Campus Trendz Mall was firebombed during a robbery. At the Court of Appeal in Barbados, Mr. Alleyne said the life sentences were excessive and further that the trial judge did not consider a discount for his early guilty plea. In dismissing his appeal, the Court of Appeal held that his sentences were neither excessive, disproportionate or wrong in principle, given the gravity of the offence, and that the issue of a discount does not apply to an indeterminate sentence. Mr. Alleyne is now seeking to overturn the decision of the Court of Appeal. | View |
| May 07, 2019 10:00 am | GDOJ2018/002 | David Bain v The State of Trinidad & Tobago | David Bain, a national of Grenada, alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago at the Piarco International Airport. Mr. Bain, who is also a citizen of the United States, presented his US passport on arrival from Grenada, but was refused entry by immigration officials after he was questioned about several past arrests for narcotics, which he strongly denied. During the incident Mr Bain presented a Grenadian Driver’s Licence and National Identification Card but was nevertheless detained overnight and sent back to Grenada. After granting special leave, the Court ordered a preliminary hearing on certain issues relating to the effect of Mr. Bain presenting his US passport to immigration officials and whether his presentation of a Grenadian Driver’s Licence or National Identification Card was sufficient to establish his Grenadian citizenship for the purpose of invoking the right to freedom of movement as a CARICOM national. | View |
| May 08, 2019 10:00am | GYVC 2019/007 | Zulfikar Mustapha v The Attorney General of Guyana | This is a constitutional appeal brought by Mr. Zulfikar Mustapha who alleges that the President failed to properly exercise his discretion in the appointment of Rev. Justice James Aloysius Patterson as Chairman of the Guyana Elections Commission in breach of Article 161 (2) of the Constitution. Mr. Mustapha was unsuccessful in both the High Court and Court of Appeal and has appealed to the Caribbean Court of Justice. | View |
| May 09, 2019 10:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| May 10, 2019 10:00am | GYCV2019/009 & 10 & 11 | Christopher Ram v The AG of Guyana, The Leader of the Opposition and Joseph Harmon, Bharrat Jagdeo v The AG of Guyana, Dr Barton Scotland and Joseph Harmon, and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon | On 21 December 2018, 33 of the 65 Members of the National Assembly of Guyana voted in favour of a no-confidence motion which meant that the President and Ministers of Government should resign and that elections must be held within three months. However, the Government later claimed that 34 votes were required and that one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, she ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. | View |
| May 15, 2019 10:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | The Court will hold a Pre-hearing Review in four Original Jurisdiction cases consolidated regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| May 17, 2019 | Special Sitting of the Court to mark the retirement of the Honourable Mr. Justice Hayton | The Hon. Mr. Justice Adrian Saunders and various other speakers. | The CCJ will hold a ceremonial sitting in appreciation of the sterling service of the Hon. Mr. Justice Hayton on the occasion of his impending retirement in July 2018. | View |
| May 20, 2019 2:30 pm | GDOJ2018/001 | Tamika Gilbert, Lynnel Gilbert, Royston Gilbert & Glennor Gilbert v The State of Barbados | Judgment will be delivered at 2:30pm AST, in this matter where the applicants, citizens of Grenada, are seeking special leave to bring a claim against Barbados for breach of their right to freedom of movement under Article 45 of the Revised Treaty of Chaguaramas. In October 2016, the Gilberts visited Barbados for the purpose of obtaining US visas. Tamika Gilbert was accused of stealing a cell phone at a mall. She was then taken to a police station against her will for questioning. Both she and her sister were subjected to what they referred to as an “invasive and humiliating” strip search. They argue that the police refused to allow them to leave until Tamika amended her written statement, knowing that the family was scheduled to leave on a flight to Grenada on the same day. | View |
| May 21, 2019 10:00 am | GYVC2019/001 | Christopher Persaud v Toolsie Persuad & Toolsie Persuad Ltd | Christopher Persaud, acting as executor for David Persaud, is seeking special leave to appeal the decisions of the Full Court and Court of Appeal of Guyana regarding certain procedural matters relating to the new Civil Proceeding Rules and the pre-existing High Court rules. The deceased was a minority shareholder in Toolsie Persaud Limited, one of Guyana’s largest companies with interests in hardware, quarrying and timber while Toolsie Persaud is the brother of the deceased and the majority shareholder in the company. Christopher Persaud initially sought orders for relief and protection of the deceased’s interest in the company. | View |
| May 24, 2019 10:00am | GYCV2018/008 | James Ramsahoye v Linden Mining Enterprises, Bauxite Industry Development Company Limited & National Industrial And Commercial Investments Limited | Judgment will be delivered in this matter where Mr. James Ramsahoye had sought special leave from the CCJ to appeal a decision of the Full Bench of the Court of Appeal of Guyana, which reversed enforcement orders made by the Hon. Mr. Justice Roy, sitting as a single Justice of Appeal. Mr. Ramsahoye had been the Overseas Representative of two state owned corporations whose service was terminated in 1998 after 26 years of service. He sued the organisations alleging breach of contract and he and the two firms have since been involved in multiple court actions to resolve the dispute. | View |
| May 29, 2019 11:30am | GDOJ2018/002 | David Bain v The State of Trinidad & Tobago | Judgment will be delivered in this matter where David Bain, a national of Grenada, alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago. Mr. Bain, who is also a citizen of the United States, presented his US passport on arrival from Grenada, but was refused entry by immigration officials after he was questioned about past arrests for narcotics, which he strongly denied. During the incident Mr Bain presented a Grenadian Driver’s Licence and National Identification Card but was nevertheless detained overnight and sent back to Grenada. After granting special leave, the Court ordered a preliminary hearing on certain issues relating to the effect of Mr. Bain presenting his US passport to immigration officials and whether his presentation of a Grenadian Driver’s Licence or National Identification Card was sufficient to establish his Grenadian citizenship for the purpose of invoking the right to freedom of movement as a CARICOM national. | View |
| June 11, 2019 9:00 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is the first day of the final hearing in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| June 12, 2019 10:00 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is the final hearing in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| June 18, 2019 10:00am | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | The CCJ will deliver judgments in two sets of cases from Guyana that were granted urgent hearings. The first judgment will determine whether the appointment, or the process followed in the appointment, of Guyana’s Elections Commission Chairman breached the Constitution. The second judgment will determine three consolidated cases arising from last December’s motion of no-confidence in the Government. One of the main issues in that case was whether 33 or 34 votes were required to carry the motion given that the membership of the National Assembly totalled 65 members. Another issue in dispute was whether one of the members of the National Assembly who voted in favour of the motion was ineligible so to vote because he was disqualified from membership of the National Assembly as a result of his citizenship of Canada. | View |
| June 24, 2019 10:00 am | DMCV2018/002 | David George v Albert Guye | Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| June 24, 2019 2:00pm | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | This is a post-judgment hearing on consequential orders and costs in two sets of cases from Guyana. The CCJ delivered judgment in both sets of cases last Tuesday, 18 June 2019. In the first case, the Court determined that the process that was followed in the appointment of the Chairman of the Guyana Elections Commission was flawed and in breach of the Constitution. In the second set of cases, the CCJ determined, among other things, that last December’s motion of no confidence was properly passed by the Guyana National Assembly. | View |
| July 02, 2019 10:00am | BBCV2018/007 | David Brooks v Alistair Lindsay Morris (Executor of the Estate of Henry Newitt) | Mr. David Brooks, a US Citizen, agreed to rent premises owned by Mr. Henry Newitt for his family vacation in December 2005. When he arrived at the premises he found that it was “unclean and uninhabitable” and so he requested a refund of all monies he paid in advance, which included both the rental fee and a 25% deposit. Mr. Newitt refused his request. The High Court found that the property was in good condition and that Mr. Brooks only wanted a refund because his wife was not satisfied with the arrangements. The court ruled that Mr. Newitt was entitled to both the rental fee and the 25% deposit. The Court of Appeal upheld the High Court’s decision. Mr. Brooks now appeals to the CCJ. | View |
| July 11, 2019 2:00pm | GYCV2018/009 | Arnold Sankar v Guyana Rice Development Board | Judgment will be delivered in this matter where Mr. Arnold Sankar is seeking special leave from the CCJ to appeal against a decision of the Guyana Court of Appeal. The Court of Appeal previously ruled to allow the Guyana Rice Development Board (GFDB) to appeal a judgment awarding Mr Sankar in excess of GY $99 million in damages over a breach of contract between the two parties over the sale of his rice paddy. Mr Sankar contends that the Board filed the application to appeal late and on that basis the Court should grant leave to appeal. | View |
| July 12, 2019 1:45pm | GYVC2019/001 | Christopher Persaud v Toolsie Persaud & Toolsie Persaud Ltd | Judgment will be delivered in this matter where Christoper Persaud, acting as executor for David Persaud sought special leave to appeal the decisions of the Full Court and Court of Appeal of Guyana regarding certain procedural matters relating to the new Civil Proceedings Rules and the pre-existing High Court rules. The deceased was a minority shareholder in Toolsie Persaud Limited, one of Guyana’s largest companies with interests in hardware, quarrying and timber while Toolsie Persaud is the brother of the deceased and the majority shareholder in the company. Christopher Persaud initially sought orders for relief and protection of the deceased’s interest in the company. | View |
| July 12, 2019 2:00pm | GYVC2019/007, GYCV2019/009, GYCV2019/010 & GYCV2019/011 | Zulfikar Mustapha v The Attorney General of Guyana Christopher Ram v The Attorney General The Leader of the Opposition Joseph Harmon Guyana Elections Commission Bharrat Jagdeo, in his capacity as Leader of the Opposition v The Attorney General of Guyana Dr. Barton Scotland Joseph Harmon Guyana Elections Commission Charrandas Persaud v Compton Herbert Reid Dr. Barton Scotland The Attorney General of Guyana Bharrat Jagdeo Joseph Harmon Guyana Elections Commission | On 12th July, the Court will give consequential declarations and orders in two sets of cases from Guyana. The cases have to do with the appointment of the Chairman of the Guyana Election Commission and a no-confidence vote passed in the Guyana National Assembly. On 18th June, in separate judgments, the Court had concluded that the Chairman of the Election Commission had been invalidly appointed and that the no-confidence motion was validly passed. The Court held a hearing on June 24th to determine whether there was consensus on those consequences and the declarations and orders the Court should make. As there was no such consensus, the CCJ had ordered the parties to make written submissions on the issue by 1st July. | View |
| July 16,2019 10:00am | GYCR2018/001 | Mark Fraser v The State | Mark Fraser was convicted for manslaughter and sentenced to 4 years imprisonment in 2007. He then appealed his conviction to the Court of Appeal of Guyana and was granted bail pending the determination of the appeal. It took approximately 10 years before the Court of Appeal heard his appeal. The court upheld his conviction but held that the inordinate delay in hearing the appeal was a breach of Mr. Fraser’s right to a fair hearing within a reasonable time. In these circumstances, the court decided to stay any further imprisonment of Mr. Fraser. Mr. Fraser now seeks special leave from CCJ to challenge the decision of the Court of Appeal on the basis that his conviction should have been set aside. | View |
| July 18,2019 10:00am | BBCR2018/001 | Dwayne Mario Neil v The Queen | In August 2002, Neil along with another was charged for aggravated robbery of Sweet Kisses Bakery in Barbados. During the course of the trial, Neil absconded on bail and a Bench Warrant was issued for his arrest. The Judge proceeded with the trial in his absence with his co-accused. Neil was convicted and sentenced to 11 years and 9 months imprisonment. His co-accused was found not guilty. Neil appealed his conviction arguing that the verdict was unsafe and unsatisfactory. The Court of Appeal dismissed the appeal and affirmed the conviction. Neil is now seeking special leave to appeal. | View |
| July 19, 2019 9:30am | BBCV2019/001 | Pedro Deray Ellis aka Pedro Deroy Ellis v Director of Public Prosecutions | This is the hearing of an application for special leave to appeal the refusal of bail. In May 2013, Pedro Ellis was charged with the offences of murder and criminal damage arising out of the same incident. He was remanded into custody awaiting trial. In support of his application for bail, Ellis stated that he acted in self-defence. The Prosecution however opposed bail on the basis of his 1998 guilty plea and eventual 10-year prison sentence for manslaughter in another case. His application for bail was denied. On appeal to the Court of Appeal, Ellis argued that Weekes J failed to give adequate reasons for refusing bail. The Court of Appeal set aside the decision of Weekes J and exercised its own discretion to withhold bail. | View |
| July 23,2019 10:00am | GYCV2019/002, GYCV2019/003, GYCV2019/004 & GYCV2019/005 | John Solomon, Dec’d, represented by the Administrator of the Estate Fizul Mohamed v Dawattie, Dec’d, represented by the Administrator of the Estate Pooran Chandrika Kissoon, aka Budda v Chandrawattie Persaud Kissoon, aka Budda v Gowrie Kissoon, aka Budda v S. Persaud, represented herein by Gowrie | The applicants own rice lands in Guyana and in 2017 they were issued notices to immediately vacate those lands by the Rice Assessment Committee. They appealed to the Full Court but the appeal was dismissed. The applicants then appealed that decision and sought to delay the Committee’s decision. The appeal was similarly dismissed by a single judge as well as the Court of Appeal on the basis that leave to appeal was required. The applicants are now seeking special leave to appeal this decision. | View |
| July 30,2019 10:00am | AOOJ2019/001 | Caribbean Community | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| August 06,2019 11:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is a judgment delivery in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| October 15, 2019 10:30am | BBCR2019/001 | Carlton Junior Hall v The Queen | Mr. Carlton Hall was found guilty of murder on March 2, 2016 and was sentenced to death on the basis of evidence given by a sole eyewitness. On appeal, Mr. Hall challenged the decision of the trial judge to reject his Counsel’s no case submission, the summation of the trial judge and his Counsel’s failure to raise his good character. The Court of Appeal dismissed his appeal against conviction but cancelled his death sentence and ordered that he be brought before the trial court for resentencing. On June 3, 2019, this Court granted him special leave to appeal his conviction and leave to appeal as a poor person | View |
| October 18, 2019 10:00am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for special leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the originating application. | View |
| October 22, 2019 10:00am | AOOJ2019/001 | The Caribbean Community (CARICOM) | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| October 23, 2019 10:00am | AOOJ2019/001 | The Caribbean Community (CARICOM) | The Court will convene a hearing for further directions in an Advisory Opinion being sought by the Caribbean Community (CARICOM). This is the first Advisory Opinion filed at the CCJ and it concerns whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community and whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision. | View |
| October 24, 2019 10:00am | GYCR2019/001 | Linton Pompey v The DPP of Guyana | Mr. Linton Pompey was found guilty on September 21, 2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age, and he was sentenced to 37 years in prison. Mr. Pompey made several challenges to the summing up of the trial judge on appeal, as well as to his sentence which he claimed to be excessive, but the Court of Appeal dismissed his appeal. The Appellant now seeks special leave to appeal both his conviction and sentence to this Court. | View |
| October 25, 2019 10:00am | GYCR2018/001 | Mark Fraser v The State | Judgment will be delivered in the matter of Mark Fraser v the State. Fraser was convicted for manslaughter and sentenced to 4 years’ imprisonment in 2007. He then appealed his conviction to the Court of Appeal of Guyana and was granted bail pending the determination of the appeal. It took approximately 10 years before the Court of Appeal heard his appeal. The court upheld his conviction but held that the inordinate delay in hearing the appeal was a breach of Mr Fraser’s right to a fair hearing within a reasonable time. In these circumstances, the court decided to stay any further imprisonment of Mr Fraser. Mr Fraser then sought special leave from CCJ to challenge the decision of the Court of Appeal on the basis that his conviction should have been set aside. | View |
| October 30, 2019 12:30pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing which is being held at the Supreme Court in Belize. In this ongoing matter, the parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015 the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on 29 July 2019. | View |
| November 06, 2019 10:00am | DMCV2019/001 | Hilary Shillingford v Angel Peter Andrew & Gloria Burnette nee Shillingford | This matter involves a dispute concerning the sale of lands owned by Angel Peter Andrew and sold by his sister, Gloria Burnette Nee Shillingford. Angel executed a Power of Attorney, giving Gloria the power to sell his properties. In the process of so doing, she conducted several transactions, one of which involved an exclusive agreement with and the payment of commission to the Appellant, Hilary Shillingford. At the High Court, judgment was in favour of Andrew, that the transactions made by Gloria were unlawful and Hilary was ordered to repay monies given to her. The Court of Appeal upheld this decision. Hilary now appeals these decisions before the CCJ | View |
| November 11, 2019 10:00am | BZCV2019/003 | Belize International Services Ltd V The Attorney General of Belize | This matter involves an alleged breach of contract by the Government of Belize. In June 1993, Belize International Services (BISL) entered into a Management Services Agreement with the Government of Belize. The Agreement was for a term of ten years with an option to BISL to renew the Agreement for a further ten years. In May 2003, the Agreement was renewed for a further ten years. In March 2005, in consideration of US$1.5 Million paid by BISL to the Government, the parties amended the Agreement and extended its term to June 2020. This latter extension was the subject of litigation whereby BISL sued the Government for breach of the Agreement seeking damages in the sum of US$45 million. The Government argued that the 2005 extension authorized BISL to continue to collect revenue and deposit it into bank accounts owned and operated by BISL which was in violation of constitutional and public finance law. The High Court Judge dismissed the claim and declared the 2005 extension unconstitutional, illegal and invalid. Prescribed costs were awarded to the Government. This decision was upheld by the Court of Appeal. | View |
| November 13, 2019 10:00am | BZCV2019/001 | Bay Trust Corporate Services Limited V Karen Acosta Longsworth | Ms. Karen Longsworth, a former Managing Director of Bay Trust Corporate Services Limited, was on July 16, 2011 re-designated to ‘General Manager Trust’ by Glen Wilson, the President/Chairman and only other Director of Bay Trust at that time. Following a confrontation between Ms. Longsworth and Mr. Wilson, Ms. Longsworth never reported back to work, instead bringing an action for wrongful termination. Bay Trust counterclaimed for damages for breach of contract, claiming that Ms. Longsworth abandoned her employment. Bay Trust succeeded on its counterclaim, but Ms. Longsworth successfully appealed to the Court of Appeal of Belize. Bay Trust was then granted leave to appeal to this Court by the Court of Appeal on November 15, 2018, with its Certificate of Compliance with that Order dated December 27, 2018. | View |
| November 21, 2019 10:00am | GYCV2019/012 | Shir Affron Nabi Rafael Nabi & The Estate of Shir Aimeen Nabi V Ashmidphiraque Sheermohamed S.A. Nabi & Sons Limited & Maurice Solomon | This matter involves a challenge against an order made to wind up the company S.A. Nabi & Sons Limited. The Company’s affairs previously conducted by three brothers became hostile and this hostility continued with their heirs. Ashmidphiraque filed a Petition as a shareholder for the winding up of the company and was granted an order in his favour by the High Court. This order was upheld by the Court of Appeal. The Appellants now challenge this order at the CCJ in its Appellate Jurisdiction as being unjust and inequitable. | View |
| November 28, 2019 9:15 am | TTOJ2018/001, TTOJ2018/002, SLUOJ2018/001 & BBOJ2018/001 | Trinidad Cement Limited v the State of Trinidad and Tobago Trinidad Cement Limited & Arawak Cement Ltd v The State of Barbados Rock Hard Distributors v the State of Trinidad and Tobago & the Caribbean Community Rock Hard Cement Ltd v the State of Barbados & the Caribbean Community | This is a judgment delivery in four (4) consolidated Original Jurisdiction cases regarding the issue of the classification of cement imported by Rock Hard Distribution Limited/ Rock Hard Cement Limited into the States of Trinidad and Tobago and Barbados and the applicable customs duties. | View |
| November 28, 2019 9:30am | DMCV2018/002 | David George v Albert Guye | This is judgment delivery is a matter where Mr. George is the occupier of a strip of land, which forms part of a larger parcel of land which is owned by Mr. Guye. Mr. George claims that he is entitled to remain in possession of the land since he has occupied it in excess of 30 years. He is claiming that it should override the rights of the registered owner. The appeal raises issues of statutory interpretation and the correlation between two pieces of legislation, the Title by Registration Act and the Real Property Limitation Act, in the Commonwealth of Dominica. | View |
| November 28, 2019 9:45 am | BBCV2018/007 | David Brooks v Alistair Lindsay Morris (Executor of the Estate of Henry Newitt) | This is a judgment delivery in a matter where Mr. David Brooks, a US Citizen, agreed to rent premises owned by Mr. Henry Newitt for his family vacation in December 2005. When he arrived at the premises he found that it was “unclean and uninhabitable” and so he requested a refund of all monies he paid in advance, which included both the rental fee and a 25% deposit. Mr. Newitt refused his request. The High Court found that the property was in good condition and that Mr. Brooks only wanted a refund because his wife was not satisfied with the arrangements. The court ruled that Mr. Newitt was entitled to both the rental fee and the 25% deposit. The Court of Appeal upheld the High Court’s decision. Mr. Brooks now appeals to the CCJ. | View |
| November 28, 2019 10:00am | GYCV2019/014 | Chandroutie Persaud & Rafudeen Nizamudin V Javen Jason Nizamudin | This matter is an application in the Court’s Appellate Jurisdiction for special leave to appeal orders made in the Court of Appeal concerning the sale of property. The Respondent’s application in the High Court for orders to sell the property and have the net proceeds split equally between himself and Persaud was granted. The Appellants appealed the decision and the Court of Appeal stayed all proceedings. The Appellants have now appealed these orders before the CCJ requesting that the decision be overturned. | View |
| December 02, 2019 10:00am | BZCV2019/004 | Caye International Bank Limited and Joel M. Nagel v Tommy Lynn Haugen | This matter involves a dispute concerning a large sum of money invested into the Caye International Bank Limited (CIB) by the Respondent, Tommy Lynn Haugen, as advised by the Second Appellant, Joel M. Nagel. Mr. Haugen, as a Director of the Pacific Paradise Limited (PPL) had signed a document in his capacity to facilitate the company’s receipt of a loan. After the company defaulted on the loan, Mr. Haugen claims that Mr. Nagel as Chairman of the Board, unlawfully sold his shares in CIB to offset the loan amount owned by PPL. Mr. Haugen claimed fraudulent misrepresentation and/or breach of contract against Mr. Nagel and CIB in the High Court and judgment was issued in his favour awarding damages. This decision was upheld by the Court of Appeal, but damages were awarded as part of the rescission. instead of as fraudulent misrepresentation and breach of contract. The Appellants now appeal the decision of the Court of Appeal before the CCJ. | View |
| December 03, 2019 10:00am | BBCV2019/004 | Russell Crumpler v The Financial Services Commission, CLICO Int. Life Ins. Ltd & BIPA INC | Mr Russell Crumpler is the judicial manager of the Montserrat branch of CLICO Life. Back in 2011, Deloitte Consulting Limited acting through Mr. Patrick Toppin was appointed by the court to act as judicial manager of the Barbados branch of CLICO Life. In 2015, Chandler J approved a restructuring proposal in respect of the division and management of CLICO’s assets. Mr Crumpler having failed in his attempts to obtain disclosure from Mr Toppin regarding the assets and management of CLICO Life, attempted to be added as a party to the judicial management proceedings since he believed it was necessary for him to execute his duties as judicial manager of CLICO Montserrat. Both the High Court and the Court of Appeal disagreed with Mr Crumpler on the basis that Chandler J’s order had “ring-fenced” assets in Barbados for the benefit of the Eastern Caribbean policyholders and there was no danger to those policyholders because of a proposal which was limited to Barbadian policyholders. Mr Crumpler is now seeking leave to appeal those decisions. | View |
| December 05, 2019 10:00am | BBCV2019/005 | Sigma Construction Inc. v Birch Development Ltd, Cedar Development Ltd, Chestnut Development Ltd, Conifer Development Ltd, Hornbeam Development Ltd, Sycamore Common Services Ltd, Willow DEVELOPMENT ltd, Ram Holdings Ltd and Kaupthing Singer & Friedlander Ltd | The genesis of this matter arose following to a loan given by Kaupthing Singer & Friedlander Ltd (KSF) in 2006 to the 1st – 6th Respondents in the amount of US$10 million. The loan was secured by a Deed of Charge on a parcel of land owned by the 1st – 6th Respondents. Four years later, Sigma commenced an action against the 1st – 6th Respondents seeking damages and costs and notified KSF and the Court of its application for a charging order over the same parcel of land held pursuant to the loan. In 2010 Sigma obtained judgment in their favour. KSF sought to obtain the debt owed to them and Sigma responded by filing an action seeking certain declaratory reliefs. The essence of Sigma’s application was that the loan made by KSF to the 1st – 6th Respondents was illegal since KSF did not possess a licence under the Financial Institutions Act of Barbados permitting them to engage in banking business. Therefore, the debt owed to KSF was not a charge on the said property. On 20 June 2016, the High Court granted summary judgment in favour of KSF and also awarded them costs. In response to Sigma’s notice of appeal, KSF argued that the High Court’s order was interlocutory in nature and therefore Sigma must first obtain leave to appeal. Sigma then filed its application for leave to appeal the High Court’s decision out of time. The Court of Appeal refused to grant leave having found that it took over 4 months for Sigma to file the correct application and with no proper reason being given to the Court and further that the interests of justice did not warrant a grant of leave. Sigma is now seeking special leave to appeal this decision. | View |
| December 10, 2019 10:00am | BBCV2019/003 | Chefette Restaurants Limited v Orlando Harris | Mr. Orlando Harris was dismissed in January 2014 by Chefette Restaurants Limited. He had worked as a manager with the establishment. Mr. Harris filed a claim for unfair dismissal before the Employment Rights Tribunal (ERT), which held that his claim was well-founded and that he was entitled to compensation in the sum of $106,630.01. The Court of Appeal of Barbados upheld the findings of the ERT on appeal but adjusted the award to $95,089.13 because he had been given payment in lieu of notice by Chefette. Chefette was then granted leave to appeal to this Court by the Court of Appeal on November 16, 2017, with its Certificate of Compliance with that Order dated May 6, 2019 | View |
| January 21, 2020 10:00am | GYCR2019/001 | Linton Pompey v the DPP of Guyana | Mr Linton Pompey is appealing his conviction and sentence after he was found guilty on September 21,2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age. He was sentenced to 37 years in prison. He made several challenges to the trial judge’s summing-up of the case as well as to his sentence which he claimed to be excessive. | View |
| February 14, 2020 10:00am | BBCR2019/001 | Carlton Junior Hall v The Queen | Mr. Carlton Hall was found guilty of murder on March 2, 2016 and was sentenced to death on the basis of evidence given by a sole eyewitness. On appeal, Mr. Hall challenged the decision of the trial judge to reject his Counsel’s no case submission, the summation of the trial judge and his Counsel’s failure to raise his good character. The Court of Appeal dismissed his appeal against conviction but cancelled his death sentence and ordered that he be brought before the trial court for resentencing. On June 3, 2019, this Court granted him special leave to appeal his conviction and leave to appeal as a poor person. | View |
| February 14, 2020 10:30am | DMCV2019/001 | Hilary Shillingford v Angel Peter Andrew & Gloria Burnette Shillingford | This matter involves a dispute concerning the sale of lands owned by Angel Peter Andrew and sold by his sister, Gloria Burnette Nee Shillingford. Angel executed a Power of Attorney, giving Gloria the power to sell his properties. In the process of so doing, she conducted several transactions, one of which involved an exclusive agreement with and the payment of commission to the Appellant, Hilary Shillingford. At the High Court, judgment was in favour of Andrew, that the transactions made by Gloria were unlawful and Hilary was ordered to repay monies given to her. The Court of Appeal upheld this decision. Hilary now appeals these decisions before the CCJ. | View |
| February 18, 2020 2:00pm | BBCV2019/002 | Prince Sinckler v Editha Sinckler | The Appellant, Mr. Sinckler appeals against a Spousal Maintenance Order that was granted in 2006, in favour of his ex-wife, Ms. Sinckler. He argues that the Family Law Act, Cap. 214, which is modelled after the 1975 Australian Family Law Act, is applicable to Barbados and as a matter of public policy, spousal maintenance orders should not be paid after twelve months of them being issued. This is on the basis that spousal maintenance orders are intended to fulfil a need, not a debt. | View |
| March 02, 2020 9:45am | BBCV2019/001 | Pedro Deray Ellis aka Pedro Deroy Ellis v Director of Public Prosecutions | In May 2013, Pedro Ellis was charged with the offences of murder and criminal damage arising out of the same incident. He was remanded into custody awaiting trial. In support of his application for bail, Ellis stated that he acted in self-defence. The Prosecution, however, opposed bail on the basis of his 1998 guilty plea and eventual 10-year prison sentence for manslaughter in another case. His application for bail was denied. On appeal to the Court of Appeal, Ellis argued that Weekes J failed to give adequate reasons for refusing bail. The Court of Appeal set aside the decision of Weekes J and exercised its own discretion to withhold bail. | View |
| March 03, 2020 10:00am | BBOJ2019/001 | Rock Hard Cement Ltd v The State of Barbados, Caricom & Arawak Cement Company Limited | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for Special Leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the Originating Application. | View |
| March 04, 2020 10:00am | GYC2019/014 | Chandroutie Persaud and Rafudeen Nizamudin v. Javen Jason Nizamudin | This matter is an application in the Court’s Appellate Jurisdiction for Special Leave to Appeal orders made in the Court of Appeal concerning the sale of property. The Respondent’s application in the High Court for orders to sell the property and have the net proceeds split equally between himself and the First Appellant was granted. The Appellants appeal the decision and the Court of Appeal stayed all proceedings. The Appellants have now appealed these orders before the CCJ requesting that the decision be overturned. | View |
| May 07, 2020 10:00am | BBCV2019/003 | Chefette Restaurants Ltd v Orlando Harris | Mr. Orlando Harris was dismissed in January 2014 by Chefette Restaurants Limited. He had worked as a manager with the establishment. Mr. Harris filed a claim for unfair dismissal before the Employment Rights Tribunal (ERT), which held that his claim was well-founded and that he was entitled to compensation in the sum of $106,630.01. The Court of Appeal of Barbados upheld the findings of the ERT on appeal but adjusted the award to $95,089.13 because he had been given payment in lieu of notice by Chefette. Chefette was then granted leave to appeal to this Court by the Court of Appeal on November 16, 2017, with its Certificate of Compliance with that Order dated May 6, 2019. | View |
| May 14, 2020 10:00am | GYCR2019/001 | Linton Pompey v the DPP of Guyana | Mr Linton Pompey is appealing his conviction and sentence after he was found guilty on September 21,2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age. He was sentenced to 37 years in prison. He made several challenges to the trial judge’s summing-up of the case as well as to his sentence which he claimed to be excessive. | View |
| May 27, 2020 11:00am | BZCV2019/001 | Bay Trust Corporate Services Limited v Karen Acosta Longsworth | Ms. Karen Longsworth, a former Managing Director of Bay Trust Corporate Services Limited, was on July 16, 2011 re-designated to ‘General Manager Trust’ by Glen Wilson, the President/Chairman and only other Director of Bay Trust at that time. Following a confrontation between Ms. Longsworth and Mr. Wilson, Ms. Longsworth never reported back to work, instead bringing an action for wrongful termination. Bay Trust counterclaimed for damages for breach of contract, claiming that Ms. Longsworth abandoned her employment. Bay Trust succeeded on its counterclaim, but Ms. Longsworth successfully appealed to the Court of Appeal of Belize. Bay Trust was then granted leave to appeal to this Court by the Court of Appeal on November 15, 2018, with its Certificate of Compliance with that Order dated December 27, 2018. | View |
| June 03, 2020 3:00pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on 30 October 2019. | View |
| June 09, 2020 11:00am | BZCR2019/001 | Hernan Manzanero v The Queen | This matter involves a challenge against a conviction of murder by the Appellant, Hernan Manzanero. The matter commenced in the Appellate Jurisdiction of the Court, through an application for special leave to appeal. Hernan was convicted, mainly on the evidence of his former common-law wife Daisy, who testified that he stabbed a taxi driver and instructed her to falsify the events of that day. Hernan, however, claims that the trial judge in the Supreme Court had predetermined his guilt for the offence, from the voir dire conducted at the beginning of the trial. He also challenges the overall fairness of the trial as conducted by the judge sitting without a jury. Hernan’s appeal to the Court of Appeal was unsuccessful as the court found the judge’s findings were correct, and the conduct of the trial was appropriate. He now applies to the CCJ to appeal the decision of the Court of Appeal. | View |
| June 10, 2020 10:00am | BBOJ2019/001 | Rock Hard Cement Ltd v The State of Barbados, CARICOM & Arawak Cement Company Limited | Rock Hard Cement Limited (Rock Hard) was informed by Barbados in September, 2019 that the Council for Trade and Economic Development (COTED) had granted Barbados a derogation allowing for the suspension of the Common External Tariff (CET) of 5% on ‘Other Hydraulic Cement’ and the imposition of a tariff of 35% for 2 years on that cement. Rock Hard thus applies for Special Leave to commence proceedings against Barbados and the Caribbean Community for judicial review of that decision. Rock Hard has also applied for Interim Measures restraining the implementation of the 35% tariff and retaining the CET of 5% until the hearing and determination of the Originating Application. | View |
| June 16, 2020 11:00am | BZCR2019/002 | The Queen v Calaney Flowers | This is a matter from Belize where the Respondent, Ms. Calaney Flowers was found not guilty of murder in a trial by Judge alone. The DPP appealed against this decision and the Court of Appeal dismissed the appeal on the basis that it has no authority to hear the matter and the DPP now seeks redress at this Court. The main issue concerns the interpretation and interaction between section 49 of the Court of Appeal Act and section 65C(3) of the Indictable Procedure Act. The DPP’s argument is that section 65C(3) is clear in according a right of appeal to the Prosecution against a finding of not guilty in a trial by judge alone, while the Respondent’s argument is that section 49 circumscribes the application of section 65C(3). | View |
| June 25, 2020 3:00pm | GYCV2020/002 | Mohammed Ifraan Ali et al v Eslyn David et al | The Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| June 30, 2020 10:00am | BBCR2019/0003 & 004 | Rambarran & Green v Regina | Mr. Rohan Rambarran is a Guyanese citizen who had been charged with offences relating to the possession, importation, and trafficking of prohibited substances under the Drug Abuse (Prevention and Control) Act. On 4 June 2009, Mr. Rambarran was found guilty of possessing, importing, and trafficking two types of controlled drugs: cocaine and cannabis. In violating sections 6 (possession), 3 (importation), and 18 (trafficking) of the above Act, Mr. Rambarran was sentenced to 30 years in prison. He filed an appeal against his conviction on 30 December 2009 but was only heard by the Court of Appeal of Barbados in March 2016. The Court of Appeal delivered its decision on 28 August 2019 and rejected Mr. Rambarran’s appeal. The Court, however, also ruled that Mr. Rambarran’s sentence was excessive. Given the delay he had experienced in having his matter determined, his sentence was reduced to the time served and he was freed thereafter. Mr. Rambarran sought special leave to appeal to the CCJ, to appeal against the Court of Appeal’s decision to uphold his conviction. | View |
| June 30, 2020 3:00pm | BZCV2019/003 | Belize International Services Ltd v The Attorney General of Belize | Judgment will be delivered in this matter involving an alleged breach of contract by the Government of Belize. In June 1993, Belize International Services (BISL) entered into a Management Services Agreement with the Government of Belize. The Agreement was for a term of ten years with an option to BISL to renew the Agreement for a further ten years. In May 2003, the Agreement was renewed for a further ten years. In March 2005, in consideration of US$1.5 Million paid by BISL to the Government, the parties amended the Agreement and extended its term to June 2020. This latter extension was the subject of litigation whereby BISL sued the Government for breach of the Agreement seeking damages in the sum of US$45 million. The Government argued that the 2005 extension authorized BISL to continue to collect revenue and deposit it into bank accounts owned and operated by BISL which was in violation of constitutional and public finance law. The High Court Judge dismissed the claim and declared the 2005 extension unconstitutional, illegal and invalid. Prescribed costs were awarded to the Government. This decision was upheld by the Court of Appeal. | View |
| July 01, 2020 9:00am | GYCV2020/002 | Mohammed Irfaan Ali et al v Eslyn David et al | The Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| July 08, 2020 3:00pm | GYCV2020/002 | Mohammed Irfaan Ali et al v Eslyn David et al | The is the judgment delivery for the hearing held on June 30, 2020. Applicants are appealing the decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. On Thursday 18th June 2020, before the Chief Elections Officer of the Guyana Elections Commission was scheduled to submit his Report on the results of the General and Regional Elections held on 2nd March 2020. The First Respondent filed a Notice of Motion for several reliefs, among the reliefs sought was an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The Applicants, who were added as Respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion. | View |
| July 14, 2020 3:00pm | BZCR2019/002 | The Queen v Calaney Flowers | This is the judgment delivery for a matter from Belize where the Respondent, Ms. Calaney Flowers was found not guilty of murder in a trial by Judge alone. The DPP appealed against this decision and the Court of Appeal dismissed the appeal on the basis that it has no authority to hear the matter and the DPP now seeks redress at this Court. The main issue concerns the interpretation and interaction between section 49 of the Court of Appeal Act and section 65C(3) of the Indictable Procedure Act. The DPP’s argument is that section 65C(3) is clear in according a right of appeal to the Prosecution against a finding of not guilty in a trial by judge alone, while the Respondent’s argument is that section 49 circumscribes the application of section 65C(3). | View |
| July 16, 2020 10:00am | BBCR2020/001 | Winston Alexander v The Queen | This is a case from Barbados which concerns the safety of a murder conviction against Mr. Winston Alexander. He alleges that his conviction is unsatisfactory and unsafe due to several irregularities made by the Trial Judge. At the Court of Appeal, it was held that notwithstanding the irregularities, there was no substantial miscarriage of justice, and consequently, his appeal was dismissed, and his conviction was upheld. Mr. Alexander now seeks Special Leave at this Court to appeal (as a poor person) against the decision of the Court of Appeal. | View |
| July 30, 2020 11:00am | BZCV2020/001 | Speednet Communications Limited v Public Utilities Commission | This matter involves a dispute surrounding actions taken by the Public Utilities Commission to grant provisional licences for the radio frequency spectrum in Belize. The Commission claims that Speednet has failed to pay fees owed since 2010 for the use of the spectrum in its business. Speednet argues that the grant of provisional licences was unlawful and therefore any claim for payment is unwarranted. Speednet successfully proved the unlawful nature of the Commission’s actions in the Supreme Court, stating that there was no statutory provision allowing the issue of provisional licences. The Commission successfully appealed this finding to the Court of Appeal, which held that the Commission had wide powers under statute, allowing the lawful grant of provisional licences. Speednet now appeals to the CCJ in its Appellate Jurisdiction, challenging the decision of the Court of Appeal. | View |
| August 28, 2020 10:00am | GYCV2019/012 | Shir Affron Nabi Rafael Nabi & The Estate of Shir Aimeen Nabi V Ashmidphiraque Sheermohamed S.A. Nabi & Sons Limited & Maurice Solomon | This judgment will govern the matter that involved a challenge against an order made to wind up the company S.A. Nabi & Sons Limited. The Company’s affairs previously conducted by three brothers became hostile and this hostility continued with their heirs. Ashmidphiraque filed a Petition as a shareholder for the winding up of the company and was granted an order in his favour by the High Court. This order was upheld by the Court of Appeal. The Appellants now challenge this order at the CCJ in its Appellate Jurisdiction as being unjust and inequitable. | View |
| September 08, 2020 3:00pm | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on June 03, 2020. | View |
| October 06, 2020 3:00pm | BZCR2019/001 | Hernan Manzanero v The Queen | This is the judgment delivery to a challenge against a conviction of murder by the Appellant, Hernan Manzanero. The matter commenced in the Appellate Jurisdiction of the Court, through an application for special leave to appeal. Hernan was convicted, mainly on the evidence of his former common-law wife Daisy, who testified that he stabbed a taxi driver and instructed her to falsify the events of that day. Hernan, however, claimed that the trial judge in the Supreme Court had predetermined his guilt for the offence, from the voir dire conducted at the beginning of the trial. He also challenged the overall fairness of the trial as conducted by the judge sitting without a jury. Hernan’s appeal to the Court of Appeal was unsuccessful as the court found the judge’s findings were correct, and the conduct of the trial was appropriate. He applied to the CCJ to appeal the decision of the Court of Appeal. | View |
| October 09, 2020 10:00am | GYCV2019/008 | Kayman Sankar Investments Ltd and Ors v Blairmont Rice Investment Inc | In this matter, the Sankars’ are seeking special leave to appeal the decision of the Court of Appeal granting Blairmont Rice Investments leave to appeal its decision delivered on the 30 July 2018. The Sankars contend that the Court of Appeal mechanically granted leave to appeal under section 6 of the CCJ Act without discharging its responsibility to ensure that Blairmont was properly qualified to take advantage of the means provided for under the Act. It is also argued that in this matter there was an appeal as of right and the motion for leave to appeal constituted an abuse of process. The Court will determine this application on the submissions filed. | View |
| October 14, 2020 11:00am | BZCV2020/001 | Speednet Communications Limited v Public Utilities Commission | This matter involves an ongoing dispute surrounding actions taken by the Public Utilities Commission to grant provisional licences for the radio frequency spectrum in Belize. The Commission claims that Speednet has failed to pay fees owed since 2010 for the use of the spectrum in its business. Speednet argues that the grant of provisional licences was unlawful and therefore any claim for payment is unwarranted. Speednet successfully proved the unlawful nature of the Commission’s actions in the Supreme Court, stating that there was no statutory provision allowing the issue of provisional licences. The Commission successfully appealed this finding to the Court of Appeal, which held that the Commission had wide powers under statute, allowing the lawful grant of provisional licences. Speednet now appeals to the CCJ in its Appellate Jurisdiction, challenging the decision of the Court of Appeal. | View |
| October 22, 2020 10:00am | DMCV2020/001 | Roosevelt Skerrit and Ors v Antione Defoe and Ors | At the Magistrate’s court, the Respondents, members of the United Workers’ Party began proceedings against the Appellants, members of the Dominica Labour Party led by the Hon Mr Roosevelt Skerrit, for “treating” (according to the law, the following persons are guilty of treating: every person who corruptly, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives, or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at the election, or on account of that person or any other person having voted or refrained from voting at the election; every voter who corruptly accepts or takes any such food, drink, entertainment, or provision) alleging that they sponsored two free public concerts for the purpose of corruptly influencing the electorate for the DLP. The Appellants argue at this court that the matter was brought at the wrong court because treating concerns the constitutional question of whether a member was validly appointed, therefore any action had to brought by an elections petition to the High Court within the time prescribed by law, and since that time had expired, the Respondents could not bring any action against the Appellants for treating. | View |
| October 28, 2020 10:00am | GYCV2020/004 | Merlene Todd v Desiree Price and Ann Jennifer Jeboo | Allan Price (now deceased) was the owner of the West Half of Lot 153 Queenstown, Georgetown. In February 2004, using a Power of Attorney, Ann Jennifer Jeboo claimed that she acted on behalf of Allan Price and sold the lands to Merlene Todd. It was subsequently discovered that the Power of Attorney was fake and Ann Jennifer Jeboo was convicted of fraud. Allan Price then filed an action in the High Court of Guyana against Ann Jennifer Jeboo and Merlene Todd seeking to set aside the sale. Allan Price died in 2010 and the proceedings were thereafter carried on by Desiree Price on behalf of his estate. On the 30 August 2012, the trial judge dismissed the action against Merlene Todd, but awarded damages in the sum of $12,000,000.00 to the estate of Allan Price against Ann Jennifer Jeboo. Desiree Price subsequently appealed this decision, as it was dismissed against Merlene Todd and he wanted the sale declared null and void. On the 16 March 2020, the Court of Appeal of Guyana allowed the appeal, found that Merlene Todd was a party to the fraud of Ann Jennifer Jeboo and declared that the sale was null and void. Merlene Todd has appealed the Court of Appeal’s decision. Before the CCJ Merlene Todd contends that the Court of Appeal wrongly found that she was a part of the fraud of Ann Jennifer Jeboo and asks the CCJ to set aside the Court of Appeal’s decision and restore the trial judge’s decision. | View |
| December 10, 2020 10:00am | DMCV2020/001 | Roosevelt Skerrit and Ors v Antoine Defoe and Ors | At the Magistrate’s court, the Respondents, members of the United Workers’ Party began proceedings against the Appellants, members of the Dominica Labour Party led by the Hon Mr Roosevelt Skerrit, for “treating” (according to the law, the following persons are guilty of treating: every person who corruptly, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives, or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at the election, or on account of that person or any other person having voted or refrained from voting at the election; every voter who corruptly accepts or takes any such food, drink, entertainment, or provision) alleging that they sponsored two free public concerts for the purpose of corruptly influencing the electorate for the DLP. The Appellants argue at this court that the matter was brought at the wrong court because treating concerns the constitutional question of whether a member was validly appointed, therefore any action had to brought by an elections petition to the High Court within the time prescribed by law, and since that time had expired, the Respondents could not bring any action against the Appellants for treating. | View |
| January 13, 2021 10:00am | BBCV2020/002 | Marjorie Ilma Knox v John Vere Evelyn Deane, Eric Asby Bentham Deane and 9 Others | Eugene Estwick is the son of Majorie IIma Knox, following her death he was appointed her Personal Representative for the purpose of these proceedings. During her lifetime Majorie IIma Knox unsuccessfully carried on a claim against the Respondents and was ordered to pay costs to the Respondents. Several applications were filed in relation to the payment of costs. On the 12 August 2010, the trial judge made an order to garnish the dividends of Majorie Ilma Knox for the financial year 2009/2010 to pay costs to the Respondents. This decision was appealed and on 26 June 2020, the Court of Appeal of Barbados affirmed the High Court judge’s decision on garnishment but modified the High Court judge’s decision on interest. The Appellant now contends that the decision of the Court of Appeal was wrong and that they made several errors in law and in fact. Furthermore, the Appellant contends that the Court of Appeal’s decision is invalid and void as at the time when this decision was delivered, one member of the appellate panel (Mason, JA) had been appointed to the executive as Governor-General of Barbados while another member (Burgess JA) had been elevated to the Caribbean Court of Justice. The Appellant argues that both judges remained in their respective post on the date of the decision and were therefore unable to sit as judges to deliver the decision of the panel on June 26, 2020. | View |
| January 19, 2021 10:00am | GYCV2020/005 | Air Services Limited v The Attorney General and Others | When Ogle International Airport was officially renamed the Eugene F Correia International Airport on 9 May 2016, seven of the domestic airline services in Guyana and an association formed by them sought judicial review of the Minister’s approval of that name change. The orders sought were refused by the Trial Judge and the appeal against that decision dismissed by the Court of Appeal. The applicants applied for special leave on 25 August 2020 to appeal the decision of the Court of Appeal on many grounds, but the CCJ granted special leave only on the grounds addressing whether the Minister had a duty to consult with the applicants before approving the suggested name change. | View |
| January 21, 2021 11:00am | BZCV2014/002 | Maya Leaders & Others v The Attorney General of Belize | This is the latest hearing in an ongoing matter. The parties are to provide a status update to the Court on the progress made in implementing the Consent Order. On April 22, 2015, the parties in this case entered into a Consent Order in which, among other things, the Government of Belize agreed to develop a mechanism to recognise the land rights of the indigenous Maya people. The last hearing was held on September 08, 2020. | View |
| January 26, 2021 10:00am | GYCV2019/013 | Blairmont Rice Investment Inc. v Kayman Sankar Investments Ltd & Others | This is an appeal from Guyana concerning a breach of contract for the sale of land committed by the Appellant; a company which has been struck off the Companies Register since 2010 for failure to file its Annual Returns. This case involves elements of both Contract and Company Law and there are two main issues: 1. whether the failure of the Appellant to pay two instalments of the balance amounts to a repudiation of the agreements; and 2. whether a company struck off the companies register in Guyana pursuant to section 487 of the Companies Act Chapter 89:01, (the “Companies Act”) is dissolved. | View |
| February 2, 2021 10:00am | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Applicants applied for Special Leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. The Applicants also applied for the hearing of the Originating Application to be expedited and, as an Interim Measure, that Trinidad & Tobago be restrained from imposing the new rate of 50% or any rate other than the CET. | View |
| February 11, 2021 2:00pm | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | The Applicants applied for Special Leave to commence proceedings against the Respondents for judicial review of the decision of the Council for Trade and Economic Development (COTED) to grant the request of Trinidad & Tobago to suspend the Common External Tariff (CET) of 5% on imports of other hydraulic cement and impose a rate of 50% from 1 January 2021 to 31 December 2021. The Applicants also applied for the hearing of the Originating Application to be expedited and, as an Interim Measure, that Trinidad & Tobago be restrained from imposing the new rate of 50% or any rate other than the CET. | View |
| February 18, 2021 2:00pm | TT/N/OJ2021/001 | Rock Hard Distribution Limited And Ors v The State of Trinidad and Tobago and the Caribbean Community | View | |
| February 25, 2021 2:00pm | GYCV2020/004 | Merlene Todd v Desiree Price and Ann Jennifer Jeboo | View | |
| January 17, 2023 2:00pm | GYCR2022/001 & 002 | Orwin Hinds & Cleon Hinds vs The State | View |