ACTION NO. 62

Mr. L. Welch for Applicant
Mr. Chebat for Respondent

Judgment: Ex Tempore

J U D G M E N T

Mr. Roger Trapp, an intending appellant has applied on 6.2.2001, under O. 73 r 9 (1) of the Supreme Court Rules for special leave to appeal out of time allowed for noting appeal. That was necessary because under O. 73 r 2 (a), an intending appellant must lodge notice of appeal with the clerk of the District Court and with the Registrar of the Supreme Court, within 21 days after the decision has been pronounced in the District Court.

From the scanty information in the affidavits of the applicant and of Mr. Leslie Smith, who was the plaintiff at the District Court, the judgment was a money sum. The District Court has been unable to provide written judgment or notes of the proceeding. The applicant says that after the hearing he went to the District Court several times to receive the judgment. The next thing that happened was that he received summons to appear in Court for examination as to his means to satisfy the judgment debt. He inquired from his attorney who told him that the judgment had been given in writing. The affidavit of the applicant was not contradicted.

It must be concluded that judgment was not pronounced in Court at the same sitting when the trial was concluded or on a future date notified to the applicant, as required by S:25 of the District Courts Procedure Act, Cap. 74 of the Statute Laws of Belize. The applicant was left to find out when judgment would be pronounced. In my view he was unavoidably prevented from appealing because the District Court did not pronounce the judgment on the same day the trial was concluded and in the alternative, did not notify the applicant of the date the judgment would be pronounced.

I do not think that the question of the right of the applicant to appeal for the first time arises. He would not require leave.

There is a matter of concern in this case. The plaintiff at the District Court has not been able to find any written judgment or any notification of it in the record. It is a matter which the Chief Magistrate should look into.

The application for leave to appeal out of time is allowed. In view of the fault being that of the District Court, no order as to costs is made against the respondent.

Delivered this Friday the 6th day of July, 2001.

At the Supreme Court,
Belize City.

Sam Lungole Awich
Judge