Legal Wrangling Continues……On and On
Basseterre, St. Kitts – Nevis
September 25, 2009 (CUOPM)
Leave for the Government of St. Kitts and Nevis to appeal the ruling of High Court Judge, Her Ladyship, Hon. Rita Joseph Olivetti was granted by the Court of Appeal of the Eastern Caribbean Supreme Court in accordance with the Civil Procedure Rules 2000.
The Applicants in High Court Civil Appeal No. 10 of 2009 are The Constituency Boundaries Commission, The Electoral Commission, The Supervisor of Elections, The Governor General; and the Attorney General of St. Kitts and Nevis and the Respondents are the Hon. Shawn K. Richards and Mr. Lindsay F. P. Grant.
Justice of Appeal, Acting, His Lordship the Hon. Michael Gordon, Q.C. in giving directions noted: Upon Reading the application for leave to appeal the ruling of Olivetti J. dated 4th August, 2009 with supporting affidavit filed on 11th August 2009 by the applicants;
Upon Noting that the ruling of Olivetti J delivered on the 4th August 2009 against which ruling leave is being sought to appeal, both continued the injunction granted by Belle J on 9th July, 2009 and dismissed the application to discharge the Order granting leave to apply for Judicial Review;
And Upon Noting that an interlocutory judgement or order where an injunction is granted or refused does not require leave of the judge or Court of Appeal before an appeal will lie;
And Upon Noting that leave is required to appeal from an order granting leave to file Judicial Review Proceedings;
And Upon Reading the submissions of the respondents filed on 7th September 2009 and submissions of the respondents filed on 17th September 2009;
And Upon Reading the response by the respondents to supplemental submissions of the applicants filed on 22nd September 2009;
His Lordship, the Hon. Michael Gordon, Justice of Appeal (AG), acting in accordance with Part 62.14 and 62.2 of the Civil Procedure Rules 200, on the 22nd day of September 2009 has DIRECTED THAT:
Leave is granted to the extent that such leave is necessary to the applicants to file an appeal against the ruling of Olivetti J dated 4th August 2009.
Dated 22nd day of September 2009
The fax was sent to the Attorney General Chambers, Mr. Vincent Byron and copied to the Registrar, High Court of Justice in St. Kitts from the Chief Registrar at the Eastern Caribbean Supreme Court in St. Lucia.
CUOPM understands that faxes are sent to counsel noted by the court records.