Burnham v Rohoman

• Jurisdiction: Caribbean States
• Judge: Archer, J.
• Judgment Date: 20 July 1959
• Court: Federal Supreme Court (West Indies)
• Docket Number: Appellate Jurisdiction No. 9 of 1959
• Date: 20 July 1959

Federal Supreme Court (On appeal)

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

Appellate Jurisdiction No. 9 of 1959

Burnham

and

Rohoman

Appearances:

Mr. R. McKay, instructed, by Mr. C.M.L. John, for the defendant-appellant, (Applicant).

Mr. F. Ramprashad, instructed by Mr. D. Dyal, for the plaintiff-respondent.

Practice and Procedure - Federal Supreme Court — Appeals

Archer, J.

1 On the 9 ^th March 1959, an application was made to this court for special leave to appeal against the decision of the Full Court of the Supreme Court of British Guiana, given on the 20 ^th February 1959, in the suit of Abidan Rohoman v. Jessie Burnham. On reading the papers placed before it on that occasion, this Court directed that the application should be made to the Full Court itself, and adjourned the application before it sine die. On the 10 ^th April 1959, the Full Court dismissed the application made to it with costs and the applicant now renews the application made to this Court on the 9 ^th March 1959.

2 The record before the court does not indicate that the Rent Restriction Ordinance, Chapter 186, is relevant to the application but counsel on both sides agree that both the decision of the Full Court and the order of the magistrate which, it affirmed are governed by that Ordinance. Section 26(4)(b)(i) of that Ordinance provides that where a Rent Assessor has been appointed under section 7(1), a summons for the recovery of any premises to which the Ordinance applies shall be returnable, and shall be made returnable before the Rent Assessor in his capacity as a magistrate and not before the magistrate of the judicial, district in which the premises are situate. Section 27(1) enacts that “an appeal shall lie to the Full Court of the Supreme Court from the decision of a magistrate on any claim or proceedings (not being proceeding's before the Rent Assessor as such) in, respect of any premises to which this Ordinance applies, and the judgment or order of the Full Court shall be final”. The decision of the Full Court which the applicant seeks to challenge was an adjudication under the Ordinance.

3 Section 9 (2) of the Federal Supreme Court (Appeals) Ordinance, 1958 — Ordinance No. 19 of 1958 of the Laws of British Guiana — enacts that, subject as otherwise provided in the section, appeals shall lie to this Court from certain orders of the Full Court or of a judge of the Supreme Court. Section 9 (6) provides that no...