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CCJ orders bank case be sent back to High Court

Friday, August 8, 2014

The Caribbean Court of Justice (CCJ) has ordered that a matter more suited to be dealt with by the High Court be sent back to that court for a new trial. In a ruling delivered in the case of Gayadin et al v Republic Bank Limited, the CCJ found that the appellants failed to satisfy various financial obligations owed to  Republic Bank which resulted in the bank initiating legal action in the High Court of Guyana to recover the money owed to it.

The bank was successful in its action in the High Court but the case made its way to the Court of Appeal which decided that it did not have the jurisdiction to hear the matter. The appellants then sought permission to bring an appeal against that decision to the CCJ. 

Adjudicating the Borowers’ application on written submissions, the CCJ examined the basis on which the Court of Appeal decided it could not entertain the appeal and found that the Court of Appeal was wrong not to hear the matter. The CCJ held that section 6 of the Guyana Court of Appeal Act provides an avenue through which the appellants could have had their appeal heard. The CCJ sent the matter back to the High Court for a fresh trial and ordered each party to bear its own costs.

The matter was presided over by Mr Justice Nelson along with Justices Saunders and Anderson. Timothy Jonas filed submissions on behalf of the appellants. Kamal Ramkarran filed submissions on behalf of Republic Bank