Bellot v Kennedy

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Hyatali, C.J.,Phillips, J.A.,Corbin, J.A.
• Judgment Date: 10 December 1976
• Neutral Citation: TT 1976 CA 57
• Docket Number: Mag. App. No. 219 of 1975
• Date: 10 December 1976

Court of Appeal

Hyatali, C.J.; Phillips, J.A.; Corbin, J.A.

Mag. App. No. 219 of 1975

Bellot

and

Kennedy

Practice and Procedure - Appeals

JUDGMENT OF THE COURT:

1 By this Motion dated 6th October, 1976 the appellant sought, inter alia, an order re-instating his appeal which was dismissed on 26th January, 1976, because he had failed to appear.

2 On 13th August 1974, the Rent Assessment Board had, on the application of the respondent, made an order fixing the rent of the premises occupied by the appellant who appealed against this order. He entered into a recognizance to pursue his appeal and gave his address as 5, Erthig Road, Belmont.

3 The hearing of the appeal was fixed for 26th January 1976. The Clerk of Appeals dispatched by registered post a letter to the appellant at that address informing him of the date, as he is required to do by section 136 of the Summary Courts Ordinance Ch. 3 No. 4,(hereinafter called the Ordinance) which provides, inter alia, that a notice so sent shall be deemed to have been served at the time when the letter transmitting it would be delivered in the ordinary course of post.

4 When the appellant did not appear on the prescribed date the appeal was dismissed in accordance with the provisions of section 139 of the Ordinance.

5 In his affidavit in support of this motion the appellant deposed inter alia as follows:

• “2. On the 13th day of August, 1974, I filed a Notice of Appeal against the decision of the Rent Assessment Board wherein the said Board increased the rent of the Northern apartment in premises situate at No. 5, Erthig Road, Belmont, from $14.00 a month to $30.00 a month.

• 3. I did not receive any notification of the date fixed for the hearing of the said appeal.

• 4. On the 6th day of July, 1976 I received an ejectment summons from the respondent with respect to the said premises, whereupon I made enquiries concerning my aforesaid appeal.

• 5. I then discovered that the said appeal came on for hearing on the 26th day of January, 1976, and the said appeal was dismissed as I did not appear.

• 6. I am informed and verily believe that a registered letter was sent to me at the address No. 5 Erthig Road, Belmont, but I never received same as is shown on the said letter which was returned to the Court of Appeal with the annotation “Not known at address.”

• 7. Since I did not know of the date of hearing of my said appeal I could not appear to prosecute my said...