Pond et Al v Bramble

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Lewis, C.J.
• Judgment Date: 14 June 1968
• Neutral Citation: MS 1968 CA 1
• Docket Number: Civil Appeal No. 1 of 1968
• Date: 14 June 1968

Pond et al

and

Bramble

Lewis, C.J. Gordon, J.A. Lewis, J.A.

Civil Appeal No. 1 of 1968

West Indies Associated States Supreme Court. Court of Appeal

Practice and procedure - Appeal — Application for extension of time to file appeal

Held: The appeal was out of time and the court would not in any case have granted an extension of time on the affidavit that was filed, the ground for extension being that counsel for the appellants was unable to get a copy of the judgment in time. Appeal dismissed.

Facts: The appellants filed a notice of appeal some 2 years after delivery of the judgment in the case was delivered. No application was made to the court for an extension of time within which to file an appeal. The issue was whether the trial judge was correct in granting an extension of time to appeal.

Lewis, C.J.

1 The appellants filed a notice of appeal some two years or so after the delivery of the judgment in this case which was delivered on the tenth of May, 1966; then a notice of appeal was filed on June 22, 1966. No application has ever been made to this court for an extension of time within which to file an appeal.

2 On the eleventh of March, 1968, an application was made to a judge of the High Court who, evidently without having the appropriate rules drawn to attention, granted an extension of time to appeal. That application was governed by order II, rules 3 and 4, of the Federal Supreme Court Rules which contain the following, provisions:

Rule No. 3 -- Permits a Judge of the Court of Appeal to give an extension of time where the application is made to him within one month after the expiration of the time prescribed for filing a notice of appeal.

Rule No. 4 -- After said period stated above, only the Full Court itself may grant an extension of time and then and then only by reason of exceptional circumstances.

3 Learned Counsel stated that he filed an...