Innis (Collin) v Kingsley Thomas

• Jurisdiction: Jamaica
• Judge: K. HARRISON, J.A :
• Judgment Date: 14 February 2006
• Neutral Citation: JM 2006 CA 4,JM 2006 CA 3
• Judgment citation (vLex): [2006] 2 JJC 1401
• Court: Court of Appeal (Jamaica)
• Date: 14 February 2006

JAMAICA

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE K. HARRISON, J.A

BETWEEN:

KINGSLEY THOMAS

APPLICANT/APPELLANT

AND

COLLIN INNIS

RESPONDENT

IN CHAMBERS

Mr. Jermaine Spence and Ms. Tenneshia Watkins instructed by Vaccianna and Whittingham, Attorneys at Law for the Appellant

Mr. Ian G. Wilkinson instructed by Ian G. Wilkinson & Co. for the Respondent.

CIVIL PROCEDURE - Stay of execution - Application

K. HARRISON, J.A

1 The Claimant/Respondent brought an action in the Supreme Court against the Appellant for defamation and sought damages in respect of a libel which arose out of an incident on the 1 ^st December 1999. Pusey J (Ag.) gave judgment for the Respondent on the 20 ^th April 2005, in the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) with costs to be taxed if not agreed.

2 The Appellant/Applicant has appealed against the judgment and has applied for a stay of execution and all further proceedings on the judgment of the Learned Trial Judge until determination of the appeal. The Notice of Application for the stay of execution was accompanied by an Affidavit by the Appellant and which was filed in the Registry of the Court of Appeal on the 19 ^th October 2005. Counsel for the Respondent has resisted the application. No response has been filed however by the Respondent.

3 At the hearing of the Application on the 13 ^th December 2005, Mr. Wilkinson, Counsel for the Respondent, raised a point in limine which he argued would resolve the issue in favour of the Respondent. This preliminary point was that the Applicant has no audience before the Court of Appeal until he sought and was refused a stay by the Court below. Counsel rested his argument on authorities that pre-dated the Court of Appeal Rules 2002 (hereafter "COAR").

4 Under the old rules of the Court of Appeal there were two options open to an applicant for a stay of execution pending the hearing of the appeal namely: (a) under rule 21(1) the application must be made first to the court below and if refused to the Court of Appeal, constituted of three Judges of Appeal, and (b) under rule 33(1) to a single Judge of Appeal; the determination of this single Judge may be discharged or varied by the Court of Appeal.

5 Rule 2.11(1)(b) of the COAR 2002 makes it quite clear that a single Judge of the Court of Appeal may make orders for a stay of execution of any judgment or order against which an appeal has...