Yvonne Elizabeth Williams v Kenneth Sylvester Williams
- Collection
- Court of Appeal
- Country
- Saint Vincent
- Case number
- Judge
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- Upstream post
- 18971
- AKN IRI
- /akn/ecsc/vc/coa/2004/judgment/yvonne-elizabeth-williams-v-kenneth-sylvester-williams-2/post-18971
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18971-yvonneelizabethwilliamsvkennethsylvesterwilliams89.pdf current 2026-06-21 03:16:46.060956+00 · 13,240 B
SAINT VINCENT AND THE GRENADINES IN THE COURT OF APPEAL CIVIL APPEAL NO.5 of 2003 BETWEEN: YVONNE ELIZABETH WILLIAMS Appellant and KENNETH SYLVESTER WILLIAMS Respondent Before: The Hon. Mr. Adrian D. Saunders Justice of Appeal The Hon. Mr. Brian Alleyne Justice of Appeal The Hon. Mr. Michael Gordon Justice of Appeal [Ag.] Appearances: The Appellant in person Mrs. K. Bacchus-Browne for the Respondent --------------------------------------- 2004: March 4 --------------------------------------- JUDGMENT
[1]SAUNDERS, J.A. : This court on 12th January, 2004 a written judgment in an appeal brought by the appellant from the decision of the High Court in this matter. The appellant by application filed on the 24th February, 2004 has sought leave to appeal the judgment of this court to Her Majesty in Council.
[2]At the hearing of the Application, counsel for the Respondent pointed out that this court could not entertain the Application as it was out of time. Clause 4 of the relevant Statutory Instrument, regulating appeals to Her Majesty In Council, states that applications for leave to appeal shall be made within twenty-one days of the date of the decision to be appealed from.
[3]In the affidavit that supports the Application of the appellant, no reasons have been given for the delay in the making of the application. The applicant stated orally before us that she was not aware of the judgment until approximately one week after its delivery.
[4]We are of the view that counsel’s objection is a valid one. This court has no discretion to extend the time within which to appeal and, even if we did, there is no sufficient basis on which to exercise any such discretion. Accordingly, the application is dismissed with no order as to costs.
Adrian Saunders
Justice of Appeal
[5]ALLEYNE, J.A.: I concur. [sgd.]
Brian Alleyne
Justice of Appeal
[6]GORDON, J.A. [Ag.]: I concur. [sgd.]
Michael Gordon
Justice of Appeal
SAINT VINCENT AND THE GRENADINES IN THE COURT OF APPEAL CIVIL APPEAL NO.5 of 2003 BETWEEN: YVONNE ELIZABETH WILLIAMS Appellant and KENNETH SYLVESTER WILLIAMS Respondent Before: The Hon. Mr. Adrian D. Saunders Justice of Appeal The Hon. Mr. Brian Alleyne Justice of Appeal The Hon. Mr. Michael Gordon Justice of Appeal [Ag.] Appearances: The Appellant in person Mrs. K. Bacchus-Browne for the Respondent 2004: March 4 JUDGMENT
[1]SAUNDERS, J.A. : This court on 12th January, 2004 a written judgment in an appeal brought by the appellant from the decision of the High Court in this matter. The appellant by application filed on the 24th February, 2004 has sought leave to appeal the judgment of this court to Her Majesty in Council.
[2]At the hearing of the Application, counsel for the Respondent pointed out that this court could not entertain the Application as it was out of time. Clause 4 of the relevant Statutory Instrument, regulating appeals to Her Majesty In Council, states that applications for leave to appeal shall be made within twenty-one days of the date of the decision to be appealed from.
[3]In the affidavit that supports the Application of the appellant, no reasons have been given for the delay in the making of the application. The applicant stated orally before us that she was not aware of the judgment until approximately one week after its delivery.
[4]We are of the view that counsel’s objection is a valid one. This court has no discretion to extend the time within which to appeal and, even if we did, there is no sufficient basis on which to exercise any such discretion. Accordingly, the application is dismissed with no order as to costs. Adrian Saunders Justice of Appeal
[5]ALLEYNE, J.A.: I concur. [sgd.] Brian Alleyne Justice of Appeal
[6]GORDON, J.A. [Ag.]: I concur. [sgd.] Michael Gordon Justice of Appeal
PDF extraction
SAINT VINCENT AND THE GRENADINES IN THE COURT OF APPEAL CIVIL APPEAL NO.5 of 2003 BETWEEN: YVONNE ELIZABETH WILLIAMS Appellant and KENNETH SYLVESTER WILLIAMS Respondent Before: The Hon. Mr. Adrian D. Saunders Justice of Appeal The Hon. Mr. Brian Alleyne Justice of Appeal The Hon. Mr. Michael Gordon Justice of Appeal [Ag.] Appearances: The Appellant in person Mrs. K. Bacchus-Browne for the Respondent --------------------------------------- 2004: March 4 --------------------------------------- JUDGMENT
[1]SAUNDERS, J.A. : This court on 12th January, 2004 a written judgment in an appeal brought by the appellant from the decision of the High Court in this matter. The appellant by application filed on the 24th February, 2004 has sought leave to appeal the judgment of this court to Her Majesty in Council.
[2]At the hearing of the Application, counsel for the Respondent pointed out that this court could not entertain the Application as it was out of time. Clause 4 of the relevant Statutory Instrument, regulating appeals to Her Majesty In Council, states that applications for leave to appeal shall be made within twenty-one days of the date of the decision to be appealed from.
[3]In the affidavit that supports the Application of the appellant, no reasons have been given for the delay in the making of the application. The applicant stated orally before us that she was not aware of the judgment until approximately one week after its delivery.
[4]We are of the view that counsel’s objection is a valid one. This court has no discretion to extend the time within which to appeal and, even if we did, there is no sufficient basis on which to exercise any such discretion. Accordingly, the application is dismissed with no order as to costs.
Adrian Saunders
Justice of Appeal
[5]ALLEYNE, J.A.: I concur. [sgd.]
Brian Alleyne
Justice of Appeal
[6]GORDON, J.A. [Ag.]: I concur. [sgd.]
Michael Gordon
Justice of Appeal
WordPress
SAINT VINCENT AND THE GRENADINES IN THE COURT OF APPEAL CIVIL APPEAL NO.5 of 2003 BETWEEN: YVONNE ELIZABETH WILLIAMS Appellant and KENNETH SYLVESTER WILLIAMS Respondent Before: The Hon. Mr. Adrian D. Saunders Justice of Appeal The Hon. Mr. Brian Alleyne Justice of Appeal The Hon. Mr. Michael Gordon Justice of Appeal [Ag.] Appearances: The Appellant in person Mrs. K. Bacchus-Browne for the Respondent 2004: March 4 JUDGMENT
[1]SAUNDERS, J.A. : This court on 12th January, 2004 a written judgment in an appeal brought by the appellant from the decision of the High Court in this matter. The appellant by application filed on the 24th February, 2004 has sought leave to appeal the judgment of this court to Her Majesty in Council.
[2]At the hearing of the Application, counsel for the Respondent pointed out that this court could not entertain the Application as it was out of time. Clause 4 of the relevant Statutory Instrument, regulating appeals to Her Majesty In Council, states that applications for leave to appeal shall be made within twenty-one days of the date of the decision to be appealed from.
[3]In the affidavit that supports the Application of the appellant, no reasons have been given for the delay in the making of the application. The applicant stated orally before us that she was not aware of the judgment until approximately one week after its delivery.
[4]We are of the view that counsel’s objection is a valid one. This court has no discretion to extend the time within which to appeal and, even if we did, there is no sufficient basis on which to exercise any such discretion. Accordingly, the application is dismissed with no order as to costs. Adrian Saunders Justice of Appeal
[5]ALLEYNE, J.A.: I concur. [sgd.] Brian Alleyne Justice of Appeal
[6]GORDON, J.A. [Ag.]: I concur. [sgd.] Michael Gordon Justice of Appeal
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