CHAMANLALL and Dhandai Mukhtiyar, whose application for leave to appeal out of time was thrown out by the Guyana Court of Appeal on June 30, 2006, had their petition to the Caribbean Court of Justice (CCJ) dismissed on November 7, 2008.

In the highest local tribunal, the appellants lost on a procedural point, because their case was filed by a lawyer who had no written authority to do so.

Before their ruling, the CCJ judges took into consideration a number of factors, including that the case was never heard on its merits.

They held that the petitioners took a number of wrong steps and the respondents were prejudiced because their disputed land was tied up in litigation.

Additionally, the CCJ said there was no basis for concluding that, if the appeal was not decided on its merits, there would be significant risk of a miscarriage of justice.

The CCJ concluded that it would be unfair to the respondents to submit them to further delay in dealing with their land and more expenses, by extending the proceedings through giving special leave to appeal.

Consequently, costs were awarded the respondents, the judgement revealed recently.