Attorney General et Al v Lewis

• Jurisdiction: Antigua and Barbuda
• Judge: Floissac, C.J.,Byron, J.A.,Singh, J.A.
• Judgment Date: 27 November 1995
• Neutral Citation: AG 1995 CA 16
• Docket Number: Civil Appeal No. 13 of 1995
• Court: Court of Appeal (Antigua and Barbuda)
• Date: 27 November 1995

Court of Appeal

Floissac, C.J. Byron, J.A. Singh, J.A.

Civil Appeal No. 13 of 1995

Attorney General et al

and

Lewis

Practice and procedure - Judgment in matter involving charges of crimes of conspiracy against the defendant — Whether judgment was an order made in a criminal cause or matter which is unappealable — Section 31(2)(a) of the Eastern Caribbean Supreme Court Act, 1969 — The grant or refusal of the application was an order in a criminal cause or matter — Judgment unappealable — Respondent's preliminary objection sustained — Appellant's application dismissed with costs to the respondent.

Constitutional law - Legislation — Whether s.31(2)(a) of the Supreme Court Act was impliedly and partially repealed by s.13(5) of the Extradition Act — “Further possibility of an appeal” would not create an inconsistency between s.31(2)(a) of the Supreme Court Act and s.13(5) of the Extradition Act — Not an appropriate case for application of implied and partial repeal — Section 31(2)(a) of the Supreme Court Act remains.