Bank of Nova Scotia v Ghirawoo et Al

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Bishop, J.
• Judgment Date: 03 May 1968
• Neutral Citation: LC 1968 HC 10
• Docket Number: No. 34 of 1968
• Date: 03 May 1968

West Indies Associated States Supreme Court. (High Court)

Bishop, J.

No. 34 of 1968

Bank of Nova Scotia

and

Ghirawoo et al

Appearances:

D.A. McNamara for the plaintiff.

V.A. Cooper for first and second opposants.

Defendant in person.

Practice and procedure - Appeal — Article 513 of the Civil Code of Procedure — Whether the opposition as regards a sale was properly filed

Held: The phrase “except upon the Judge's order permitted the filing of an Opposition” is another way of stating that leave must be given by the judge to file the opposition, and that in the absence of such leave, the filing of the opposition could not be legally done. Application dismissed.

Bishop, J.

1 This is exclusively a question of the interpretation that should be given to the relevant article of the Code of Civil Procedure of Saint Lucia.

2 It has not been disputed that the Code of Civil Procedure of Saint Lucia is based upon or has close relationship with the Code of Lower Canada; indeed comparison has been made of the Code of Civil Procedure of Saint Lucia and that of Lower Canada and of Quebec. To me it is significant that in drafting the local provision — i.e. article 513 of Code of Civil Procedure– there was a departure in the wording from that in the Code of...