Williams v Rolle

• Jurisdiction: Bahamas
• Judge: Allen, P.
• Judgment Date: 21 February 2017
• Neutral Citation: BS 2017 CA 21
• Docket Number: SCCivApp & CAIS No. 170 of 2015
• Court: Court of Appeal (Bahamas)
• Date: 21 February 2017

Court of Appeal

Allen, P.; Crane-Scott, J.A.; Jones, J.A.

SCCivApp & CAIS No. 170 of 2015

Williams

and

Rolle

Appearances:

Mr Edwin Knowles, Counsel for appellant.

Ms Camille Cleare, Counsel for respondent.

Civil Practice and Procedure - Appeal — Leave to appeal — Whether the appellant had obtained leave to appeal an interlocutory decision to the Court of Appeal — Finding that appeal was incompetent inasmuch as no appeal shall lie from an interlocutory decision without such leave — Wasted costs ordered against the appellant's counsel

Allen, P.

1 Having heard counsel for the respondent on the preliminary objection this morning, namely, the appellant does not have leave to appeal this matter to the Court of Appeal in breach of section 11(f) of the Court of Appeal Act, and having considered the submissions of counsel for the appellant, we find that this appeal is incompetent, inasmuch as no appeal shall lie from an interlocutory decision without such leave. Counsel has admitted that he has not applied for, nor has he obtained, leave to appeal. In the premises, this appeal cannot lie to this court and is a nullity.

2 Counsel for the respondent asked that the wasted costs as a result of this admitted error by counsel for the appellant be borne personally by him. We accede to that submission inasmuch as we have not been given any good reason why counsel for the appellant should not be penalized in costs. In the premises, we order counsel for the appellant to pay personally the sum of $4,500.00 as wasted costs in this matter, to be paid within 28 days of today.

Dame Anita Allen, P. DBE