Gregory MA Lee v Ian Harrison and Ors. (CL-AP 3 of 2022) [2024] TCACA 11 (21 June 2024)

Case summary

Before the Court are the respondents two applications filed by way of summons dated April 5, 2022, and filed on April 6, 2022. The first is for an order that the appellant’s Notice of Appeal be struck out on the grounds that it was served out of time, that it did not specify the relief sought and that it is an abuse of process on the ground that the appellant challenges the judgment below on a finding of fact to which he admitted in the court below. The second application seeks an order for security for costs in the sum of $60,000.00 USD, should the Court not strike out the said notice.

Held: The appeal is allowed. The Notice of Appeal herein was not filed nor served in compliance with the time limit specified under section 15 (1) of the Ordinance and is therefore out of time. However, having regard to the peculiar circumstances of this case and the amendment to section 15 (1) of the Ordinance, leave is granted to extend time for the filing and serving of the Notice of Appeal within 14 days from June 21, 2024. Leave is also granted to amend the Notice of Appeal under Rule 15. Security for costs in the sum of $60,000.00 USD to be paid on or before 28 days from June 21, 2024, failing which the appeal shall stand dismissed; and The costs of this application to be paid by the appellant to the respondents.

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