C.C.J. to hear appeal by commercial bank

THE Caribbean Court of Justice (CCJ) will hear an appeal filed by the Guyana Bank for Trade and Industry Ltd. (GBTI)  and a Cross-Appeal by the Respondent, Desiree Alleyne, a Guyanese who is a resident Magistrate, residing in Jamaica. This is an Appeal from the majority decision of the Court of Appeal of Guyana comprising of  Justice of Appeal Yonette Cummings-Edwards and additional Judge, Justice James Bovell-Drakes who ruled on 25 January, 2010, in favour of Alleyne, allowing her Appeal and ordering a retrial, while the Acting Chancellor Justice Carl Singh dissented.

Several points of law will be argued before the C.C.J.
These being:-
(a)   Whether a Writ for services out the jurisdiction and filed on behalf of the Appellant/Bank and issued by the Registrar without Leave of the Court nor a Judge was a nullity or an irregularity which was waived by the Respondent  taking steps and filing documents in the Action.
(b)     Whether computer  generated documents  were wrongly admitted into evidence by the trial judge.
(c)    Whether the Appellant should have proven that a demand letter was sent to the  Respondent, Desiree Alleyne before instituting the Action:
(d)   Whether the Trial Judge finding of facts of the Appellant at the Trial, was against the weight of the evidence; and
(e)    Whether the decision of the  majority to order a re-trial was wrong in Law.
Several of the legal issues raised by this Appeal and Cross-Appeal are being argued for the first time before the Caribbean Court of Justice since its establishment as the first Court of Appeal for Guyana.
The Appeal is expected to be heard this month. GBTI is represented by the law firm, Cameron & Shepherd while the Respondent will be represented by Lyndon Amsterdam, in association with Carlton Amsterdam of the Law Firm, Forde, Amsterdam and Lewis.

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