IN THE SUPREME COURT OF BELIZE A.D., 2001

Action No. 212 of 2001

 

Between	(JEFFREY PENNIL	APPLICANT
	( ( ( And ( (
	(GLENDORA GUY	RESPONDENT

Mr. A. Lucas for the Applicant
Respondent for Person

Ex Tempore

AWICH J:

J U D G M E N T

Leave is granted to the applicant for appeal out of time. The applicant by his affidavit and by cross examination of the respondent which cross examination included production of passport of the applicant showed that he was out of the country. He has proved that he was away when the summons was served and when the case against him for paternity and maintenance was heard in the Family Court.

I would like to observe that it is desirable to present as much record about a case in which an application is being made to the Court to which application is made, even if it is not the stage to hear the appeal. There are two reasons for that. The first is that the intended grounds of appeal may be completely baseless in which case even if there would be good reason for failure to appeal in time and therefore to grant leave, it would be a waste of time to allow the appeal to proceed. Secondly the Court may decide to grant leave and deal with the appeal there and then thus saving much needed time and money. Notice of Appeal to be filed and served within 21 days. Record of the proceedings in the Family Court is to be remitted to Supreme Court within 10 days. Each party to bear his and her costs.

Pronounced this Thursday the 21st day of June, 2001.

At the Supreme Court,
Belize City.

Sam Lungole Awich
Judge