Legal News & Views by Dionne Jackson Miller

Legal updates and commentary

ELROY GARRAWAY v RONALD WILLIAMS

[2011] CCJ 12 (AJ)
IN THE CARIBBEAN COURT OF JUSTICE
Appellate Jurisdiction
ON APPEAL FROM THE COURT OF APPEAL OF GUYANA
CCJ APPEAL No CV 1 of 2011
GY Civil Appeal No 61 of 2006
BETWEEN
ELROY GARRAWAY APPELLANT
AND
RONALD WILLIAMS individually and in his capacity as duly
constituted attorney for NESHA WILLIAMS FIRST RESPONDENT
ALVIN RAMBARRAN SECOND RESPONDENT
 4th day of August 2011

Issues

Res Judicata – abuse of process 

The CCJ dismissed the appeal against a Court of Appeal decision which stated that a litigant who had unsuccessfully sued for specific performance of a sale agreement, could not in subsequent proceedings claim title to the same parcel of land by adverse possession. The CCJ said 

“… the re-litigation by the Appellant of this matter following
the 2002 Court of Appeal decision amounted to an abuse of process. This necessarily
follows from the finding that the proceedings were barred by the principle of res judicata.”

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This entry was posted on January 14, 2012 by in Case Summaries.
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