CIVIL APPEALS

6. (1) The Court of Appeal shall have jurisdiction to hear and determine any matter arising in any civil proceedings upon a case stated or upon a question of law reserved by the Full Court or by a judge of the High Court pursuant to any power conferred in that behalf by any Act.

(2) Subject as other wise provided in this section, an appeal shall lie to the Court of Appea lin any cause or matter from any order of the Full Court or of a judge of the High Court (whether made before or after the date on which this Act comes into force) where such order is —

(a) final and is not —

    (i) an order of a judge of the High Court made in chambers or in a summary proceeding;

    (ii) an order made with the consent of the parties;

   (iii) an order as to costs;

    (iv) an order referred to in paragraph (d);

(b) a decree nisi in a matrimonial cause or an order in an admiralty action determining liability;

(c) declared by rules of court to be of the nature of a final order;

(d) an order upon appeal from any other court, tribunal, body or person.

Additional information on sections 3 to 8 for this part.

=============================

Right of Appeal in Criminal Cases

12. A person convicted on indictment in the High Court may appeal under this Part to the Court of Appeal —

    (a) against his conviction, on any ground of appeal which involves a question of law alone;

   (b) if a female convicted of an offence punishable with death, from the finding of a jury on proceedings under section 167 of the Criminal Law (Procedure) Act, that she is not pregnant;

   (c) with the leave of the Court of Appeal or upon the certificate of the judge who tried him that it is a fit case for appeal against his conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the Court or judge to be a sufficient ground of appeal; and

   (d) with the leave of the Court of Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.

Determination of appeals in ordinary cases [21 of 1978]

13. (1) The Court of Appeal on any such appeal against conviction shall allow the appeal if they think that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal:

     Provided that the court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred. 

    (2) Subject to the special provisions of this Part the Court of Appeal shall, if they allow an appeal against conviction, quash the conviction and direct ajudgment and verdict of acquittal to be entered, or if the interests of justice so require, order a new trial.

   (3) On an appeal against conviction or sentence the Court of Appeal shall, ifthey think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law bythe verdict (whether more or less severe) in substitution there for as they think ought to have been passed, and in any other case shall dismiss the appeal.

LAWS OF GUYANA

COURT OF APPEAL ACT

CHAPTER 3:01

Source - http://hrlibrary.umn.edu/resea...rt%20of%20Appeal.pdf

DG, dah dam ting too long an drawn out but it doan matter deh seizing BJ's stuff.

Funny thing is, Anil doan seem to have learned anything from dem law books he tiefed.

@Django posted:

March 31 ,2021

www.stabroeknews.com

Former government minister Annette Ferguson today defended a High Court order awarding her damages against Vice-President Bharrat Jagdeo because of his failure to file a defence in a libel case.

She also criticized remarks made yesterday by Attorney General Anil Nandlall who had been the attorney in the case.

An edited statement by Ferguson follows:

“I have noted with concern a Press Statement issued by Mr. Mohabir Anil Nandlall, SC, MP regarding the recent Default Judgement granted on March 11, 2021 against Mr. Jadgeo in the sum of Twenty Million Dollars ($20,000,000.00), with costs in the sum of seventy-five thousand dollars ($75,000.00).

“The statement, in part, reads that, `the judgment was granted without the knowledge of Mr. Jagdeo and his Attorneys-at-Law, in their absence.’ This is furthest from the truth and a deflection from what occurred.

“Additionally, because of the judgment, the Attorney General, who is supposed to represent the state says he intends to approach the High Court to set aside the ruling.

“The matter before the Court is between two Citizens in their private capacities and therefore it will be expected that Mr Nandlall would have eschewed any role in speaking on this matter and would have advised Mr Jagdeo to seek Counsel in Private practice

“The fact that he has used his Office as Attorney General to speak to a matter between two Private citizens is disturbing and alarming more so when he has implicitly suggested what Mr Jagdeo plans to do and what outcome is expected of the Courts when the Application is made by Mr Jagdeo…

“I will not be distracted by this posture of …Mr. Nandlall, this was expected.

“However, now that a judgment has been granted, I wish to reiterate, that the statements which were made against me are patently false, and the ruling of the court has vindicated me.

“Mr. Jagdeo has not provided a shred of evidence to support his contention that I acquired several house lots and or built a property using ill-gotten gains and rightfully, because there is none.

“The fact of the matter, those statements made by Jagdeo were scandalous at least and libelous at best.

“The Ministry of Housing is now at the disposal of Mr. Jagdeo, and the records are there, why then Mr. Jagdeo did not request those to substantiate his claims and use same as evidence in court? We all know why.

“Further, my attorneys have successfully argued and defended using evidence, how I was able to build my property- through a loan from a commercial bank as is now widely reported in the media.

“On coming into office since August 2, 2020, Mr. Nandlall has gone after persons, who he claims acquired land illegally, why has not he come after me or exposed my wrongdoing to the public if the evidence leans in that direction.

“The ruling of the court is in order, in that, it reinforces the need for persons, irrespective or what office they hold to be responsible and not reckless in their utterances”.

Gotcha, Anus!

What is the connection between the Judge and the former minister?  The judge was indeed biased.  Failure to file a defence does not mean that the former minister is innocent.  There was no trial. 

Let me hear from the liars (lawyers) on this GNI.

@Ramakant-P posted:

What is the connection between the Judge and the former minister?  The judge was indeed biased.  Failure to file a defence does not mean that the former minister is innocent.  There was no trial.

Let me hear from the liars (lawyers) on this GNI.

You dumb fk, the judge could be biased (they always are, being human, not.God), but it is up to your.lawyer to make sure all.the required dots and dashes are.in place, and you.file in the required time! Anuses.will be Anuses! He.ought to recuse himself.now.as.AG!

Time for a.lawsuit against.the Nose, Annette! A real AG nose better!

Not filing in time.worked against the former government! Why.not.this.one?

The.law and courts are.only there.to try to prevent us from.taking matters into.our own would-be murdering hands when pissed off! Not guarantors of satisfaction!

The best law is the one advocated by Maimonides: "Whatever you.wouldn't like for someone should do to you, don't.do that to them!"

Jesus.stated.that.more positively: "Do unto others as you.would have them do to you!"

Too bad.the.homos have adopted this for.other purposes! You do.me and I'll.do you!

@Ramakant-P posted:

What is the connection between the Judge and the former minister?  The judge was indeed biased.  Failure to file a defence does not mean that the former minister is innocent.  There was no trial.

Let me hear from the liars (lawyers) on this GNI.

Why is the Attorney General making representation in a private matter?

The rabid PPP-ites on social media castigating the judge ,they think their god is untouchable.

Few lawyers said that's the LAW ,there is no bias with the ruling.

@cain posted:

DG, dah dam ting too long an drawn out but it doan matter deh seizing BJ's stuff.

Funny thing is, Anil doan seem to have learned anything from dem law books he tiefed.

Eh-eh Cain ... Yuh tink suh. 

Issues will be unfolding in time.

So DG, how bout Anil having alllll dem law books but never read em to learn he should be filing on time?

Cain ...

Issues and circumstances specific to the matter will be revealed in time to be fully addressed in the courts.

Steps being taken to set aside default judgment against Jagdeo in Ferguson libel case

By Editor On Apr 1, 2021, Source - https://newsroom.gy/2021/04/01...ferguson-libel-case/

Steps are being taken to overturn the High Court default judgment passed down by Justice Sandra Kurtzious, ordering Vice-President, Bharrat Jagdeo, to pay the former Housing Minister, Annette Ferguson, more than $20 million in damages for libel.

According to the Attorney-General and Minister of Legal Affairs, Anil Nandlall, the Vice-President did not get the chance to file a defence in the case. In providing an update on the case via a video posted to his Facebook page, Nandlall said that the judgment was obtained on March 21, 2021, and was granted without the knowledge of the VP or his representing counsel.

Libel proceedings were filed by Ferguson in January 2020 against Jagdeo and the Guyana Times newspaper over statements he made at a press conference alleging that she owns three plots of land at Eccles, East Bank Demerara (EBD) which she acquired while in government.

An injunction seeking to muzzle the then Opposition Leader was later denied by the High Court. These proceedings, according to the AG, concluded in late February, weeks before the country voted in the March 2, 2020, General and Regional Elections.

The Attorney-General explained that a defence was then slated to be filed around the said time, however, ensuing events from the March elections and recount stymied this.

Added to that, the AG said the COVID-19 pandemic played a role as he and his staffers were prevented from transacting business with the Court Registry.

All these factors contributed to a defence not being filed, he said.

“Though one was drafted, it was not filed but no notice was sent to us saying that the defence was due,” the AG continued.

Ferguson later filed an application for default judgment in March leading to the ruling.

“The normal practices of that application being served on the other side, so that the other side can get an opportunity to come forward to offer an explanation as to why the defence was not filed, was not done. Rather, the ultimate step was taken and judgment was granted without his or his lawyer’s knowledge. That is not a normal thing,” Nandlall said.

On another note, the Attorney-General pointed out too that no hearing was held to assess the evidence, as, in the ordinary course of events, evidence needs to be assessed by a hearing to which a defendant is able to question and examine it.

“That did not take place, so how did this Judge arrive at the sum of $20 million dollars?” the AG asked.

“There are steps in place to address such occurrences where a default judgment was handed down without a defence, so we are hoping that this transpires here and we can get an opportunity to present it as Mr Jagdeo has a good defence to this case and we hope we get to put it before the court.”

Doesn't matter, DG! If even any defence was filed on time, from what I've read, Jag has lost! They're just postponing.the inevitable!

Unless they.plan to use.political.muscle, which. could.be a.mistake!

Anus not recusing.himself as AG is already an indication!

The great invincible AG fked up by not filing on time. And on top of that, in his capacity as AG he is way out of place representing Bharrat in a private matter.

But let me not get in the way of facts. All the PPP in the house say "progress, progress, progress" follwed by "anil de great". Same fkers were laughing at Basil Williams. Jokers all.

It would be the same for Myers, Lowenfield, and others who tried to steal the ballots and were caught redhanded.

@Former Member posted:

The great invincible AG fked up by not filing on time. And on top of that, in his capacity as AG he is way out of place representing Bharrat in a private matter.

But let me not get in the way of facts. All the PPP in the house say "progress, progress, progress" follwed by "anil de great". Same fkers were laughing at Basil Williams. Jokers all.

If the.PNC had Witless Willie.as AG, why can't the.PPP have a Numbskull Nandlall?

@Ramakant-P posted:

It would be the same for Myers, Lowenfield, and others who tried to steal the ballots and were caught redhanded.

What de hell are you talking about?

@Totaram posted:

What de hell are you talking about?

Irrelevancy becomes the kant, Tota! Rest easy!

Fire the Judge

HAHAHAAAA!

Anyone getting fired would be Anil

@Vish M posted:

Fire the Judge

Non sequitur from one.who is non compos mentis!