Foster v Gajadhar

• Jurisdiction: St Lucia
• Judge: Lewis, C.J.,Lewis, J.A.,Davis, J.A.
• Judgment Date: 12 July 1971
• Neutral Citation: LC 1971 CA 11
• Docket Number: Motion No. 1 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 12 July 1971

Court of Appeal

Lewis, C.J., Lewis, J.A., Davis, J.A. (Ag.)

Motion No. 1 of 1971

Foster

and

Gajadhar

Appearances:

V.A. Cooper for the applicant.

Respondent in person.

Practice and procedure - Application for leave to appeal to Privy Council — No question of great general or public importance raised which merited leave to appeal to the Privy Council being given.

JUDGMENT OF THE COURT:

1 This is an application for leave to appeal to the Privy Council from a judgment of this court dated 5th May, 1971.

2 The application states –

1

That the matter in dispute on the proposed appeal is of the value of upwards of $1,500 and involves directly or indirectly a question respecting property of the value of over $1, 500; and 2. That the question involved in the appeal is one that the court ought to be of opinion that by reason of its great general or public importance, namely, the powers of the court or a judge under section 19 of the Legal Practitioners Ordinance, Ch, 116, ought to be submitted to Her Majesty in Council.

3 With respect to ground 1, the affidavit sworn in support of the application does not state the value of the matter in dispute or property involved, but the court on looking at the judgment sees that the applicant was ordered to pay to the respondent the sum of $1,072.00. This is the amount which is in dispute and it is under $1, 500.

4 With respect to ground 2, it has not been stated what the specific question is which arises under section 19 of the Legal Practitioners Ordinance with respect to the powers of the court, and learned counsel has not been able to assist the court by specifying any question which arises out of the judgment and satisfies the requirements set out in section 99 (2) (a) of the Constitution. Accordingly, it has not been shown to the satisfaction of the court that there is any question involved in the proposed appeal which by reason of its great general or public importance or otherwise ought to be submitted to Her Majesty in Council..

5 The application is refused. There will be no order as to costs.