Decision reserved
THE Caribbean Court of Justice (CCJ) has reversed its decision in relation to 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 in Jamaica.
The CCJ was constituted by President Michael de La Bastide and Justices Adrian Saunders, Anderson Hayden and Desiree Bernard.
The Court began hearing the appeals on December 14 when several points of law were discussed.
Appearing for the appellant was Mr. Neil Ramkarran, in association with Mr. Kameel Ramkarran.
Appearing for the respondent was Mr. Lyndon Amsterdam, in association with Mr. Carlton Amsterdam.
After hearing the arguments on behalf of both parties the judges reserved their decision for a date to be announced.
The points of law that were argued before the CC J include:
(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 CCJ since its establishment as the first Court of Appeal of Guyana.
The CCJ has reserved its ruling for a date to be announced.