Skip to main content

Reply to "Court sets December 21 for ruling on jurisdiction to hear elections petition appeal"

@Django posted:

Court sets December 21 for ruling on jurisdiction to hear elections petition appeal

November 27 ,2021

Source

Trinidadian Senior Counsel Douglas Mendes, who represents now President Irfaan Ali and Vice President Bharrat Jagdeo—who are among the number of respondents listed in the action—has argued that the appeal court has no jurisdiction to hear the matter.

Mendes’ contention has been that the purported appeal falls outside of the requirements created in Articles 163 (3) of the Constitution, and for this reason there is in the first place no appeal, and secondly, that the Court of Appeal has no jurisdiction to hear the matter.

Attorney General Anil Nandlall SC, who has also been listed as a respondent in the action, shared the sentiments expressed by Mendes.

Indeed so ---

Guyana Constitution -- Article 163 ( 3 )

(3) An appeal shall lie to the Court of Appeal—
    (a) from the decision of a Judge of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to in paragraph (1);
   (b) from the determination by the High Court of any such question, or against any order of the High Court made in consequence of such determination.

Source - Guyana Constitution - https://www.oas.org/juridico/s...guy_constitution.pdf

FM
×
×
×
×
×
×