THREE Guyanese lawyers engaged in a legal battle to get the Caribbean Court of Justice (CCJ) to grant, or not to grant, an applicant leave to appeal to that Court, out of time, against a civil appeal from the Guyana High Court, ended with the CCJ deciding in favour of the Respondents and against the Applicant.
Relative to the application by Mr. K.A Juman-Yassin, the CCJ dismissed the matter which resulted in a victory for Counsel for the Respondents – Mr. Sandil Kissoon and Mrs. Prabha Persaud-Kissoon.
On Wednesday last (March 16), the Caribbean Court of Justice, comprising Justices of Appeal David Hayton, Jacob Wit and Rolston Nelson, heard arguments in Civil Appeal No. AL2 of 2011, Sushil Kuari and Neranjan Chintaman vs. Ganga Persaud Dudnath on an application for special leave to appeal, out of time, the decision of the Honourable Mr. Justice B.S. Roy that was delivered on February 17, 2006 together with a subsequent ruling of the Court of Appeal of Guyana, dated January 20, 2011, dismissing a motion filed on behalf of the Applicant seeking an extension of time to appeal the said decision.
The applicants were represented by Mr. K.A. Juman-Yassin, Attorney-at-Law, and the Respondent was represented by Mr. Sandil S. Kissoon and Mrs. Prabha Persaud-Kissoon, Attorneys-at-law.
The hearing was originally scheduled to have been conducted at the Court of Appeal by way of a video conference. This did not materialize and the parties had to resort to arguments via a teleconference.
The Respondent opposed the application on the ground that it was misconceived and an abuse of the process of the Court.
The application for special leave to appeal was refused by the Court and costs awarded in favour of the Respondent.