Welch et Al v Mc Vane; Hackshaw et Al v Welch et Al

• Jurisdiction: St Lucia
• Judge: Lewis, C.J.
• Judgment Date: 02 June 1972
• Neutral Citation: LC 1972 CA 9
• Court: Court of Appeal (Saint Lucia)
• Docket Number: Motion No. 2 of 1970
• Date: 02 June 1972

Court of Appeal

Lewis, C.J., Cecil Lewis, J.A., St. Bernard, J.A.

Motion No. 2 of 1970

Welch et al

and

Mc Vane

Hackshaw et al

and

Welch et al

Practice procedure - Appeal — Application for extension of time to appeal.

Lewis, C.J.

1 On the 2nd September, 1970, judgment was given by the High Court in an action between Louis Gregory McVane and Hilda Hackshaw as plaintiffs and Joseph Welch and Ronald Baptiste as defendants.

2 The matter concerned a dispute about the ownership of land, and judgment was given in favour of the plaintiffs.

3 On the 25th September 1970, Mr. McVane died and he left a will. The defendants desired to appeal against the judgment and on 6th November, 1970, they filed a notice of motion in which they applied to this Court for an order that the administrator or executor of Mr. McVane (deceased) be appeal against the judgment.

4 When that motion came up for hearing it was not known who the executor was, the affidavit did not state who the executor was, and the court adjourned the application to the 26th January, 1971 to enable the defendants filed to make such application to the High Court as they might be advised, with a view to having someone appointed to carry on the matter.

5 The sitting of the court was eventually changed from the 26th January to the 21st January and the parties were notified but up to that time the High Court had made no order. It appeared that an application to the High Court was filed on the 11th January, 1971, but no order had been made upon it, so the matter was taken off the list to give the defendant further time to proceed. The will of the deceased McVane was probated on the 28th April, 197l; the affidavit to that effect was filed in the High Court the on the 2nd June, 1971; the matter was put down for hearing, and on the 5th June, 1971, an order was made by a judge in Chambers. This Court has not been furnished with a copy of that order, nor has any affidavit been that filed to apprise the court of the fact that an order has been made, nor has a copy of this application been served on Mr. Carasco. The matter was allowed to remain dormant until in February, 1972, a summons was filed asking for an order that proceedings in the application for extension of time be dismissed for default in proceeding therewith. That summons was set down for the 6th March and eventually came up for hearing on the 13th March. It was adjourned from Chambers into court by...