CCJ dismisses appeal by Guyanese businessman, awards costs for non-payment of debt
PORT OF SPAIN, Trinidad (CMC) – The Trinidad-based Caribbean Court of Justice (CCJ) has dismissed an appeal by Guyanese businessman Harda Singh regarding the non-payment of a debt to his former partner Ann Narine.
Narine had told the High Court in Guyana that Singh had promised to pay US$300,000 which through a document claimed to be a promissory note.
But during the hearing, acting Chief Justice, Roxane George-Wiltshire, decided the document was not a promissory note but accepted it as evidence of a contract to pay Narine. The judge awarded Narine the amount claimed.
The Court of Appeal, like the Full Court in Guyana, had refused to reverse the judgment against Singh and allowed him to file a defence.
A major issue that arose in the matter was that Singh, who was duly served out of the jurisdiction, failed to appear at trial or file a defence in the matter. Without applying to set aside the judgment, Singh appealed to the Full Court and Court of Appeal in Guyana, both of which upheld the lower court’s judgment.
When the matter came before the CCJ, the country’s highest and final court, it noted that in failing to apply to set aside the judgment, Singh attempted to sidestep the requirement of giving a good reason for his nonappearance at trial and sought to avoid judgment altogether. The CCJ said this is an abuse of process and that it was also unconvinced that Singh had been forthright in his conduct of the matter.
The CCJ dismissed the appeal and awarded the relevant costs to be paid by Singh to Narine.
