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Case Histories

Martin George & Company > Case Histories (Page 10)

FERGUSON & GALBARANSINGH v AG

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CIVIL APPEAL 2010 – 270 CV 2010 - 004144 BETWEEN STEVE FERGUSON ISHWAR GALBARANSINGH Appellants/Applicants AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Respondent PANEL:                   I. Archie C.J Weekes J.A. Soo-Hon J.A   APPEARANCES: Mr. F. Hosein S.C. and Mr. R. Dass for the First Appellant Mr. A. Mitchell Q.C. and Mr. R. Persad for the Second Appellant Mr. A. Sinanan S.C. and Mr. K. Ramkissoon for the Respondent   Dated: 23 February 2011 JUDGMENT We have come to the conclusion that the Court of Appeal has no inherent jurisdiction to entertain an application for bail and, in the absence of any applicable statutory provision or...

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FERGUSON v STATE

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Crim. App. No. 007 of 2014 BETWEEN ROGER FERGUSON APPELLANT AND   THE STATE RESPONDENT PANEL: Mendonca, J.A. Narine, J.A. Mohammed, J.A. APPEARANCES: Mr. D. Khan, Mrs. U. Nathai-Lutchman and Ms. S. Hinds for the Appellant Mr. G. Busby, Assistant D.P.P. and Mrs. A. Teelucksingh-Ramoutar, Assistant D.P.P. for the Respondent   DATE OF DELIVERY: 16th December, 2016. MAJORITY JUDGMENT Delivered by M. Mohammed, J.A., Mendonca, J.A. concurring; Narine, J.A. dissenting on Ground 6.   Introduction: On the 22ndMarch, 2012, the appellant, Roger Ferguson, was convicted of the offence of possession of a dangerous drug, namely, cannabis sativa for the purpose of...

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Persad v Persad ( CA Civ 130/200)

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civi[ Appeal No. 130 of 2008 BETWEEN MANICKRAM PERSAD APPELLANT WENDY PERSAD RESPONDENT PANEL: A. MENDONCA, J.A. P. JAMADAR , J.A N. BEREAUX, J.A. APPEARANCES: Mr. R. Dass and Mr. D. Punwasee for the Appellant. DATE OF DELIVERY: 31st October, 2811.Mr. R. Sowley and Ms. S. Bullen for the Respondent. I have read the judgment of P. Jamadar, J.A. and I agree that the appeal be allowed and the case be remitted to the trial court, before another judge A. Mendonca Justice of Appeal I have also read the judgment of P. Jamadar. J.A. and I agree that the appeal be allowed and the case be remitted...

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Kalloo v. Kalloo

REPUBLIC OF TRINIDAD AND TOBAGO   IN THE HIGH COURT OF JUSTICE (Family Court Division)   No: FH 00853 of 2006   KAREN KALLOO Applicant AND ZAINOOL KALLOO   Respondent     Before:                            The Honourable Madam Justice A. Ramkerrysingh   Date:                            Tuesday, 10th July, 2007   Appearances:                Ms. Janice Clarence-Quamina for the Petitioner; Ms. Joan Byrne for the Respondent     JUDGMENT   Introduction   Facts This case involves a 32 year marriage, the parties (to whom I shall refer as “the Husband” and “the Wife” although the decree nisi was granted in 2006) were married in 1974.  The Husband is now 59 years old and on pre-retirement leave.  He will turn...

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Gohil v. Gohil

Michaelmas Term [2015] UKSC 61 On appeal from: [2014] EWCA Civ 274   JUDGMENT Gohil (Appellant) v Gohil (Respondent) before Lord Neuberger, President Lady Hale, Deputy President Lord Clarke Lord Wilson Lord Sumption Lord Reed Lord Hodge     JUDGMENT GIVEN ON 14   October 2015   Heard on 8, 9 and 10 June 2015       Appellant (Gohil)                                                                 Respondent (Gohil) Sally Harrison QC James Turner QC Samantha Hillas George Gordon             (Instructed by Irwin                                                             (Instructed by Duncan Mitchell LLP)                                                                      Lewis Solicitors)       LORD WILSON: (with whom Lord Neuberger, Lady Hale, Lord Clarke, Lord Sumption, Lord Reed and Lord Hodge agree) Question Do the principles referable to the admissibility of fresh...

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Gissing v. Gissing

HOUSE OF LORDS GISSING (A.P.) v. GISSING Lord Reid Lord Morris of Borth-y-Gest Viscount Dilhorne Lord Pearson Lord Diplock Lord Reid MY LORDS, I agree with your Lordships that this appeal must be allowed. But, as in Pettit's case [1969] 2 W.L.R. 966, much wider questions have been raised than are necessary for the decision of the case. I adhere to the views which I expressed in Pettit's case and I do not think that I am precluded from maintaining them by the decision in that case. But if I am then in my view the law is left in a very unsatisfactory position. I take a common case where husband and...

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STEPHEN v. STEPHEN

TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE No. M-255 of 2000 Between                                   ANTHONY STEPHEN                                  Petitioner And                        GILLIAN ELIZABETH STEPHEN                Respondent   Before the Honourable Mr. Justice J. Tam Appearances: Ms. J. Julien for the petitioner Ms. L. Francis for the respondent     Decision   Before the Court is the Petitioner/Husband’s Notice dated 15th February, 2002, to vary an order of Stollmeyer, J., dated 9th February, 2001, for periodical payments for the 3 children of the family by decreasing the same from $1,050.00 per month for each child, to $500.00 per month for each child. The application is made pursuant to section 31 of the Matrimonial Proceedings and Property Act (hereinafter referred...

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DELANEY v. DELANEY

Matrimonial   REPUBLIC OF TRINIDAD AND TOBAGO   Reynold Waldropt & Associates Attorneys at Law Suite 4 No. 9 Prince Street, Arima Phone No. 868-664-3478 BAR No. WAR1991034 Email: reynoldwaldropt@yahoo.com Ronald Dowlath Attorney at Law c/o Suite 6 Corner Frederick & Prince Street, Port of Spain                 IN THE HIGH COURT OF JUSTICE   No. M437 of 1993         Between          MERLE DELANEY Petitioner   AND        NELSON DELANEY Respondent   *****************************************                   LET ALL PARTIES concerned or their Attorneys at Law attend before the Honourable Sitting Judge in Chambers at the Hall of Justice, Knox Street, Port of Spain on the day,                            2012 at 9:00 0’clock in the forenoon on the hearing of an application by the Respondent for an Order that: -   That this Application be deemed...

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R v Baskerville

All ER Reprints/[1916-17] All ER Rep /R v Baskerville - [1916-17] All ER Rep 38   R v Baskerville   [1916-17] All ER Rep 38   Also reported [1916] 2 KB 658; 86 LJKB 28; 115 LT 453; 80 JP 446; 60 Sol Jo 696; 25 Cox CC 524; 12 Cr App Rep 81   COURT OF CRIMINAL APPEAL  VISCOUNT READING CJ, SCRUTTON, AVERY, ROWLATT AND ATKIN JJ  29 MAY 1916  31 JULY 1916  Criminal Law - Evidence - Corroboration - Accomplice - Essentials of corroboration - Independent evidence implicating accused - Warning to jury - Review of verdict by Court of Criminal Appeal.   It has long been a rule of practice at...

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LAWES v. R

LAWES v. R Citation # JM 2011 CA 106 Country Jamaica Court Court of Appeal Judge Panton, P.; Harris, J.A.; Phillips, J.A. Subject Criminal practice and procedure Date November 10, 2011 Suit No. Criminal Appeal No. 150 of 2008 Subsubject Identification by witness – Whether trial was unfair – Issue of lack of evidence – Improper police procedures – Miscarriage of justice – Quality of identification most important – Issue should have been withdrawn from jury – Appeal allowed – Conviction quashed.   Appearances: Gayle Nelson for the applicant The Crown was not represented PHILLIPS, J.A.: [1] At a trial in the Circuit Court held in Kingston before Straw, J. and a jury, between 13 and 21 November 2008, the applicant...

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