Arthur Alfred Beresford Boten Richard Bowen (an Infant Under the Age of 21 Years by His Next Friend Arthur Alfred Beresford Bowen) Marcia Bowen Appellants v Stephen Bascombe Respondent [ECSC]

CourtEastern Caribbean Supreme Court
Docket NumberCivil Appeal No. 5 of 1969
JudgeGORDON. C.J. (Ag.), Acting Chief Justice
Judgment Date11 May 1970
JurisdictionCaribbean States
Neutral Citation[1970] ECSC J0511-1
[1970] ECSC J0511-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice P. Cecil Lewis

The Honourable Mr. Justice St. Bernard (Ag.)

Civil Appeal No. 5 of 1969

Between:
Arthur Alfred Beresford Boten Richard Bowen (An Infant Under the Age of 21 Years by His Next Friend Arthur Alfred Beresford Bowen)
Marcia Bowen
Appellants
and
Stephen Bascombe
Respondent

M.J. St. B. Sylvester with D.C. Williams for Appellants

K.H.C. Alleyne (Attorney General), with L.G. St. Louis for Respondent

GORDON. C.J. (Ag.)
1

In a pending action between the plaintiffs/appellants and the defendant/respondent filed on the 2nd of December, 1969, as No. 351 of 1969 in the High Court the learned trial judge, Glasgow J., on the application of the plaintiffs/appellants made an interlocutory injunction on the 2nd of December, 1969, restraining the defendant/respondent from removing the first named appellant from the State pending the determination of the case in the High Court.

2

A motion dated the 4th of December, 1969, in which counsel for the respondent sought to have the interlocutory injunction discharged was duly heard by the Court on the 10th December when Glasgow, J. discharged the injunction. The first named appellant now appeals to this Court from the order discharging the interim injunction.

3

On the 10th of December, 1969, subsequent to the discharge of the Injunction by the Court an order dated the 1st of December, 1969, signed by the Governor of the State was executed on the first named appellant and he was duly removed from the State on the ground that he was an undesirable inhabitant. He is at present out of the State.

4

The Court on its own motion raised the question of the effectiveness of any order which might be made on the grounds of the relief sought in the appellant's grounds of appeal, having regard to the fact that the appellant is now no longer resident in, and cannot return to the State. The relief sought was as follows:

  • (i) An order setting aside the order of the learned judge made on the 10th day of December, 1969.

  • (ii) An order restraining the defendant, Stephen Bascombe and all other police constables from interfering with the freedom of movement of the plaintiff Arthur Alfred Beresford Bowen including his right to enter Grenada and his right to immunity from expulsion from Grenada pending the determination of his status as a person belonging to Grenada by virtue of the provisions...

To continue reading

Request your trial