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 |
|---|---|---|---|---|
| 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 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 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 |
| 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 |
| 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 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 9:15 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 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 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 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 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 |
| 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 |
| 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 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 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 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 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 |
| 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 |
| 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 |
| 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 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 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 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 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 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 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 |
| 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 |
| 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 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 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 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 |
| 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 |
| 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 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 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 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 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 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 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 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 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 |
| 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 |
| 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 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 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 |
| 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 |
| 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 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 |
| 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 |
| 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 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 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 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 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 |
| 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 |
| 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 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 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 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 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 |
| 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 |
| 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 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 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 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 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 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 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 |
| 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 |
| 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 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 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 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 |
| 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 |
| 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 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 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 |
| 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 |
| 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 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 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 |
| 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 |
| 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 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 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 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 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 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 |
| 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 |
| 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 |
| 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 |
| 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 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 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 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 |
| 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 |
| 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 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 | |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |