American Aryan League & Jugmohan v Sukhnandan

JurisdictionCaribbean States
CourtFederal Supreme Court (West Indies)
JudgeArcher, J.
Judgment Date23 Jul 1959
Docket NumberAppellate Jurisdiction No. 10 of 1959

Federal Supreme Court (On appeal)

Archer, C.J. (Ag.), Wylie, J.A. and Lewis, J.A.

Appellate Jurisdiction No. 10 of 1959

American Aryan League & Jugmohan
and
Sukhnandan
Appearances:

Mr. F. Ramprashad instructed by Mr. N.O. Poonai for the first-named defendant-appellant

Mr. F.R. Wills, instructed by Mr. N.O. Poonai, for the second-named defendant-appellant

Mr. P.A. Cummings, with Mr. M.M. Ali, instructed by Mr. J.A. Jorge for the plaintiff-respondent.

Practice and Procedure - Costs

Archer, J.
1

Counsel for the appellants informed the court that they had advised the appellants to withdraw this appeal and were not prepared to argue it. Counsel far the first appellant asked for an extension of time to the 31 st December 1959, to carry out the order of the trial judge and for a stay of execution in respect of the payment of costs here and in the court below.

2

Counsel for the respondent was, willing to accede to the request for time, but opposed the application on the ground that the extension of time sought was unreasonable. Counsel were invited by the court to discuss a settlement but after a short adjournment for the purpose they were unable to agree. The court now makes the following order:

3

That the appeal be dismissed with costs to be taxed, but that the judgment and order of the trial judge be varied by the deletion of the words “within a period of six months from the date hereof” and the substitution therefore of the words, “not later than the 31 st December 1959,” and there be a stay of execution for three months from the date hereof on the order for payment of costs in the court...

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