CCJ creating Caribbean law

Fri Jun 20, 2014

Consistent with its vision to foster a unique Caribbean jurisprudence, the CCJ has taken another step in its journey to creating this indigenous body of law. This time, it did so in the Guyanese case of Rosemarie Ramdehol v Haimwant Ramdehol [2013] CCJ 9 (AJ).{{more}}

The parties concerned, formerly man and wife, were involved in a lengthy matrimonial property settlement. The High Court ordered the wife to pay to the husband an agreed sum of GY$52,500,000 (US$262,500) within six months. At the expiration of the six-month period she had not paid the money, but went on to file an appeal against the High Court order, requesting that the court put a hold on her requirement to pay the money until her appeal was decided.

The court granted her request to hold off on paying the money, but it ordered her to pay GY$8,000,000 to him within six months. Displeased with this order, she applied to the Full Bench of the Court of Appeal for an order relieving her of making any payment until her first appeal was heard. The Full Bench denied her application, so she applied to the CCJ for special leave to appeal the Court of Appeal’s decision.

The Court denied her application for leave. In doing so, it gave a clear indication on how regional courts should approach the issue of the postponement of compliance with orders of the court where an appeal is pending, otherwise called a ‘stay of execution pending appeal’. It mentioned the previous position on the issue, where a court was permitted to grant a stay of execution only where the applicant satisfied the court that if he paid over money he was ordered to pay, there was no reasonable probability of him getting it back if he succeeded in a relevant appeal. However, the Court said that that “test is too restrictive and that a stay may also be granted if the applicant persuaded the court that without a stay of execution, he or she would be ruined and that the appeal had some prospect of success.”

The CCJ’s approach is in keeping with its vision to foster a unique Caribbean jurisprudence that is reflective of the people the Court serves and is tailored to suit local circumstances.

Submitted by: Excellence Dazzell