Martin v Greenaway

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Camancho, C.J.
• Judgment Date: 26 January 1961
• Neutral Citation: AG 1961 CA 1
• Docket Number: No. 11 of 1960
• Date: 26 January 1961

Windward and Leeward Islands Court of Appeal

Camacho, C.J. (Acting)

No. 11 of 1960

Martin

and

Greenaway

Practice and procedure - Appeal — Windward Islands and Leeward Islands (Courts) Order in Council 1959.

Facts: The issue was whether the court had jurisdiction to entertain an appeal. Evidence revealed that the appeal was made to a single judge sitting in the Supreme Court of Summary Jurisdiction. The Order in Council required that all appeals made after its introduction be made to the new Court of Appeal which it created except for these appeals that were pending at the time of its introduction.

Held: The appeal was made after the Order in Council was introduced and therefore the court to which it was addressed no jurisdiction to entertain it.

Camancho, C.J.

1 In this appeal, Mr. Phillips, counsel for respondent, takes a point IN LIMINE. He contends that the appeal is not properly before this Court. The notice of appeal is to a judge of the Supreme Court sitting in the Supreme Court or in the Court of Summary Jurisdiction. Sections 15 and 16 of the Windward Islands...