Liburd v Liburd

• Jurisdiction: Saint Kitts and Nevis
• Judge: Hylton, J.
• Judgment Date: 23 March 1993
• Neutral Citation: KN 1993 CA 4
• Docket Number: Magisterial Civil Appeal No. 7 of 1993
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 23 March 1993

Court of Appeal

Hylton, J.

Magisterial Civil Appeal No. 7 of 1993

Liburd

and

Liburd

Appearances:

Dr Henry L. Browne for the Appellant.

Mr. Theodore Hobson for the Respondent.

Practice and procedure - Appeal against order for judicial separation — Appeal filed out of time — Appeal dismissed.

1 Byron, J.A.: This is an appeal against the decision of the Magistrate District “C.” made on 27th November, 1992 for a judicial separation and an order for maintenance. The appellant, having tailed to serve the notice of appeal within the time prescribed [Section 165 of the Magistrate Code of Procedure Act Cap. 6], filed an application for an extension 4 the time for service of the notice of appeal.

The application is dismissed for the following reasons:-

• 1. The delay is inordinate having regard to the fact that the time limited was 14 days and the default approximates three months.

• 2. The reasons given by the appellant for the delay, being the administrative default of his Solicitor, are unsatisfactory.

• 3. The grounds of appeal are...