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Civil Appeal Sample Contracts

IN THE COURT OF APPEAL
Civil Appeal • October 29th, 2009

Mr. C. Abel with him Mr. S. Westmaas and Mr. P. Patterson for the Appellant Mr. C. Hendriques, Q.C. with him Ms. P. Webster, Counsel and Mr. W. Rodgier

Standard Contracts

IN THE COURT OF APPEAL
Civil Appeal • April 10th, 2012

information). IDC denied COW’s request, resulting in COW’s application to the court for certain orders, including an extension of time to file their defence. The learned judge denied the application, on the ground that a separate application for relief from sanctions should have accompanied the application for extension of time.

FBO 2000 (ANTIGUA) LIMITED and VERE CORNWALL BIRD JR. ATTORNEY GENERAL OF ANTIGUA AND BARBUDA
Civil Appeal • February 4th, 2015

[1] BARROW, J.A. [AG.]: The appellant invoked the equitable doctrine of proprietary estoppel to seek to remain in occupation of a ¼ acre parcel of land at the V.C. Bird International Airport in Antigua and continue to provide Fixed Base Operations service (FBO)1 until a promised fifty-year term expires. The appellant’s case was

IN THE REPUBLIC OF TRINIDAD AND TOBAGO
Civil Appeal • May 11th, 2017
IN THE COURT OF APPEAL
Civil Appeal • June 26th, 2019
IN THE COURT OF APPEAL
Civil Appeal • December 15th, 2011

The Court of Appeal granted the relief sought by the respondent in Claim No. BVIHC (COM) 2007/072. The effect of the Court of Appeal’s judgment was to make nine declarations and several orders in terms of paragraphs (7C) to (7D) and (8) of the respondent’s amended statement of claim. These declarations and orders are the subject of the intended appeal to her Majesty in Council. The declarations and orders concern the

JAMAICA
Civil Appeal • July 5th, 2022
GRENADIAN GENERAL INSURANCE COMPANY LIMITED
Civil Appeal • January 29th, 2015

[1] RAWLINS, J.A.: This appeal is against a decision of a Judge of the High Court in which he dismissed an application by the defendant/appellant, the Insurance Company, to set aside a default judgment that was entered in favour of the claimant/respondent, Janin, on 23rd May 2002.

IN THE COURT OF APPEAL OF MALAYSIA (APPELLATE JURISDICTION)
Civil Appeal • August 5th, 2021
COMMONWEALTH OF THE BAHAMAS IN THE COURT OF APPEAL
Civil Appeal • April 30th, 2020

The appellant sought injunctive relief under Section 55(2) (e) of the Arbitration Act. The application was heard and dismissed. The appellant thereafter filed a Notice of Appeal in this Court without obtaining leave of the Supreme Court. The respondents filed preliminary objections to the Appeal being heard on the basis that inter alia, leave of the Supreme Court is

JAMAICA
Civil Appeal • July 5th, 2022

On November 10, 1997, we heard arguments in this appeal. At the conclusion of the matter, we dismissed the appeal and ordered costs to the respondent to be agreed or taxed. We promised then to put our reasons for our decision into writing and this we now do.

BH RIU HOTELS LIMITED
Civil Appeal • June 18th, 2020

The appellant slipped, fell and thereby suffered a fractured wrist whilst at the respondent’s hotel premises in May 2013. The appellant filed an action against the respondent claiming negligence and/or breach of statutory duty on the part of the respondent. The respondent was found to be liable and an Assessment of Damages award was made by Mrs. Camille Darville-Gomez the Deputy Registrar of the Supreme Court (as she then was) on the 8 July 2019. The appellant was awarded general damages for pain and suffering and loss of amenities in the sum of $43,000.00. The appellant now appeals against the decision on the ground inter alia that “The learned Deputy Registrar erred in fact when she stated that no claim for loss of earnings and future earnings as outlined as a loss of amenity in the Plaintiff’s submission when as a matter of fact, the Plaintiff at paragraphs 3.2 and 3.3 of her Submissions made a claim for both Loss of Earnings and Loss of Future Earnings.”

IN THE COURT OF APPEAL OF BELIZE A.D. 2009 CIVIL APPEAL NO. 19 OF 2008
Civil Appeal • June 19th, 2009

The Hon. Mr. Justice Sosa ­ Justice of Appeal The Hon. Mr. Justice Carey ­ Justice of Appeal The Hon. Mr. Justice Morrison ­ Justice of Appeal

JAMAICA
Civil Appeal • January 2nd, 2020

to the world - Life of Jamaica Ltd. v Broadway Import and Export Ltd, Micheal Levy v Broadway Import & Export Ltd. and Life of Jamaica SCCA No. 17/96 and No 33/96 (unreported) delivered October 27, 1997. It would not be just that the proprietary right which the 2nd respondent now enjoys in respect of the apartment should be disturbed.

IN THE COURT OF APPEAL
Civil Appeal • April 25th, 2013
JAMAICA
Civil Appeal • October 1st, 2012

[1] I have read, in draft, the judgment of Brooks JA. I agree with his reasoning and with his conclusion and have nothing further to add.

COMMONWEALTH OF THE BAHAMAS IN THE COURT OF APPEAL
Civil Appeal • August 11th, 2020

The appellants were granted a mortgage with the respondents. At some point after the agreement between the parties, the appellants defaulted on the agreement and the respondents began an action in the Supreme Court seeking inter alia an order for the possession of the property. On application by the respondents summary judgment was granted for the debt claimed and for possession in default of payment. The appellants were granted leave to appeal that decision by the learned judge on the point of “…whether the Court of Appeal has discretion to, in the interest of justice, vacate the Summary Judgment Order made herein on 23 March 2015…”.

B & D CONSTRUCTION LIMITED
Civil Appeal • February 19th, 2010

This is an appeal against the judgment of Mitchell J. delivered on 14th October 1998 in which he dismissed the appellant’s summons for summary judgment under Order 14 of the Rules of the Supreme Court.

IN THE COURT OF APPEAL OF BELIZE, A.D. 2009 CIVIL APPEAL NO. 29 OF 2008
Civil Appeal • December 7th, 2009

[1] For the reasons given by Morrison JA in his judgment, which I have read in draft, I would allow the appeal and concur in the orders proposed by him.

BARBADOS
Civil Appeal • December 7th, 2016
2020] SGCA 10
Civil Appeal • February 26th, 2020
BETWEEN OTAGO STATION ESTATES LIMITED
Civil Appeal • July 11th, 2005
IN THE COURT OF APPEAL BETWEEN
Civil Appeal • June 26th, 2012
IN THE COURT OF APPEAL
Civil Appeal • February 18th, 2010
COMMONWEALTH OF THE BAHAMAS IN THE COURT OF APPEAL
Civil Appeal • September 28th, 2018

This is a referral by Minister of a trade dispute reported by the respondent for wrongful dismissal to the Industrial Tribunal for determination. During the course of the hearing before the Tribunal an application was made by the respondent to amend the Originating Application to add unfair dismissal as an alternate claim. The Tribunal purported to grant the amendment notwithstanding objections from the appellant. The Vice President made a finding that the respondent was both wrongfully and unfairly dismissed. However, compensation was awarded only on the basis of unfair dismissal.

COMMONWEALTH OF THE BAHAMAS IN THE COURT OF APPEAL
Civil Appeal • July 31st, 2019

On or about August 9th, 2013 the respondent was travelling from Fresh Creek, Andros to Potter’s Cay Dock, Nassau. It had started to rain when she attempted to board a vessel named the Seawind, owned and operated by the appellant when she slipped and fell on the deck. She sustained injuries to her right leg. She brought a claim for negligence against the appellant. The learned judge found the appellant was in breach of its duty of care and liable to the respondent for the accident and liable to pay her damages and costs. The appellant appealed.

IN THE COURT OF APPEAL
Civil Appeal • February 19th, 2010

Before: The Hon. Mr. C.M. Dennis Byron Chief Justice [Ag.] The Hon. Mr. Albert Redhead Justice of Appeal The Hon. Mr. Albert Matthew Justice of Appeal [Ag.]

IN THE COURT OF APPEAL
Civil Appeal • December 15th, 2011

Mr. John Carrington and Ms. Stacy Richards-Anjo for the Appellants Hon. Justin L. Simon, QC, Attorney General, for the Respondents

BARBADOS
Civil Appeal • January 5th, 2015

[1] BURGESS JA: We have before us a notice of application to this Court filed on 7 July 2014 by Battaleys (Barbados) Limited (Battaleys), the applicant, which reached us by a rather circuitous route. The application is for the following order:

IN THE COURT OF APPEAL
Civil Appeal • October 21st, 2009

Mr. Stephen Smith QC, Mr. Robert Levy and Mr. Oliver Clifton for the Appellant Mr. Bankim Thanki QC, Mr. Michael Fay and Mr. Ben Valentin for the Respondent

IN THE SUPREME COURT OF UGANDA
Civil Appeal • June 5th, 2023

This appeal arises from the judgment of the Court of Appeal which upheld the decision of the High Court (Onega, J.), awarding damages to C.C. Chandran, the present respondent, because the appellant company, Kengrow Industries Ltd., wrongfully dismissed him from employment. The respondent was the plaintiff while the company was the defendant in the High Court. Herein after I shall refer to the appellant company as "the company".

BETH CLIFFORD
Civil Appeal • June 19th, 2024

[1] BULKAN, JA: Beth Clifford, an American businesswoman at the centre of this dispute, perches atop a real estate empire in Belize and beyond. Or it may be a house of cards over which she hovers, the reality is not easy to discern. What Beth Clifford did reveal in evidence is that she is

And the persons whose names appear in the Schedule to the Notice of Appeal)
Civil Appeal • February 3rd, 2015

[1] RAWLINS, J.A.: This is an appeal by Vanderbelt against an order which a judge of the High Court made on 17th February 2006 dismissing Vanderbelt’s application to set aside a statutory demand. The respondents served the statutory demand on 16th January 2006 on Vanderbelt, a company incorporated under the International Business Companies Act of the British Virgin Islands and which carries on business as a financial broker investing in currency futures in Panama. In the statutory demand,