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Judgment

Multiple consolidated appeals - Judgment

G 0467/1978 · 1979-01-18

Consolidated appeals concerning land adjudication; Whether parties were properly before adjudicator; Effect of prior decision in Appeal No. 24; Jurisdiction to entertain appeals where no petition existed

Full metadata
Cause Number G 0467/1978
Court CIGC (Civ)
Judge Summerfield J
Parties Multiple consolidated appeals - Judgment
Judgment Date 1979-01-18
Subject Consolidated appeals concerning land adjudication; Whether parties were properly before adjudicator; Effect of prior decision in Appeal No. 24; Jurisdiction to entertain appeals where no petition existed
Filename (current) 79-01-18-Consolidated-Appeals.pdf
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0467/1978
Multiple consolidated appeals - Judgment
Before
Summerfield J
Judgment delivered 1979-01-18

In the Grand Court of the Cayman Islands
Held at George Town on 18th January, 1979
Before His Lordship, Sir John Summerfield, Q.C., C.B.E.

Cause 467/78 Appeal 31/76 W. R. Ritch v Scott Development Ltd. et al
Cause 468/78 Appeal 19/76 Stephen Wright v Moody Ryan et al
" 470/78 Appeal 18/78 Stephen Wright v Edward Foster et al
" 647/78 Appeal 23/76 Cayman Fisheries Ltd. v Astley Ryan et al
" 648/78 Appeal 28/76 Benjamin Wright v Edward Foster et al
" 654/78 Appeal 25/76 Ritch's Est. Ltd. v Sheldon D. Ryan et al
" 667/78 Appeal 33/76 W. R. Ritch v Harold Ashwell et al
" 668/78 Appeal 27/76 Benjamin Wright v Estate John Ryan et al

JUDGMENT

These appeals have been consolidated.

The record in each is substantially the same except for a few preliminary documents at the commencement of the record which do not materially affect the issues raised. The grounds of appeal are identical and the issues raised are the same. The only differences relevant to the appeals are the parcels of land in dispute and the parties.

Except for the few introductory documents the record in each of these appeals is substantially the same as the record in appeal No. 24, Ritches Estate Limited v Scott Development Co. Ltd. and others. The grounds of appeal are also identical with those in appeal No. 24 and the issues raised are the same. Again, the only differences from Appeal No. 24 relevant to these appeals are the parcels of land in dispute and the parties. Appeal No. 24 has been decided.

Accordingly, I feel that I am bound by the decision in Appeal No. 24 in relation to the issues raised in these appeals. I formally adopt the conclusions in appeal No. 24 and the reasons therefore in relation to these appeals.

In short these are appeals against a decision in proceedings in which the parties to these appeals were never parties in relation to the parcels of land in dispute. There never was a petition concerning these parties in relation to the parcels of land in dispute. There is no decision of an adjudicator properly affecting these parties in relation to the parcels of
land in dispute from which there can be any appeal to this court.

The appeals are dismissed with costs.

SIR JOHN SUMMERFIELD

18th January, 1979.

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