Singh v Jarvis

JurisdictionCaribbean States
CourtFederal Supreme Court (West Indies)
JudgeArcher, J.
Judgment Date23 Jul 1959
Docket NumberAppellate Jurisdiction No. 6 of 1958

Federal Supreme Court (On appeal)

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

Appellate Jurisdiction No. 6 of 1958

Singh
and
Jarvis
Appearances:

Mr. John Carter, amicus curiae.

Sir Eustace Woolford, Q.C., instructed by Mr. H.B. Fraser for the Plaintiff-Respondent.

Practice and Procedure - Federal Supreme Court — Appeal

Archer, J.
1

On the 16 th July 1959, an application was made by Mr. John Carter, counsel on behalf of the appellant in this appeal, for a postponement of the hearing of the appeal to the next sitting of the court in British Guiana, and the court intimated that the application should be renewed later in this sitting. On the 22 nd July 1959, Mr. Garters as amicus curiae, informed the court that the appellant had died on the 20 th July 1959, and asked that the appeal be taken off the list in order to enable the personal representative of the appellant to be substituted as a party, There is, understandably, as yet no active representative of the appellant's estate' but counsel for the respondent has opposed the application.

2

Rule 12 of Order 1 of the Federal Supreme Court (Appeals from British Guiana) Rules, 1959, provides that in matters of practice and procedure where no special provision is contained in any act of the Legislature of the West Indies or rules of court made under the British Guiana (Appeals) Order in Council, 1957, the jurisdiction of the court conferred upon it by virtue of that Order and of the Federal Supreme Court (Appeals) Ordinance, 1958; shall be exercised as nearly as may be in conformity with the law and practice for the time being in force in England in relation to civil matters in the Court of Appeal. There is no such special provision contained in any such legislation or subsidiary legislation In the Annual Practice, 1959, at page 1658 in the rubric to 0. 58, r.3, under the heading “Particular Instances” the following statement appears:-

“On the death of an appellant, his personal representative, (on obtaining an order to carry on the proceedings under O. 17, r.4) may prosecute the appeal.”

3

and Ranson v. Patton (1881) 17 Ch. D. 767, C.A., which is referred to supports that statement. Further on, in the same rubric, it is said:-

“If a person, not on the record, applies for leave to appeal as soon as he knows of the judgment or order, he will be allowed the necessary extension of time for appealing”.

4

Not, only, therefore, is the opportunity given to the personal representative to make...

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