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Man loses fight at CCJ to challenge eviction

by Emmanuel Joseph
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A man in Barbados who went as far as the Caribbean Court of Justice (CCJ) to challenge an eviction order has failed in his attempts.

The Trinidad-based CCJ, Barbados’ final appellate court, on Friday, denied Ramnarace Ramassar special leave to appeal the local High Court’s January 18, 2023 decision for him to comply with the order and pay legal costs for his former landlady.

Ramassar rented a property from Stella Scantlebury at Wilcox Hill, Christ Church and was first ordered by a magistrate’s court on October 7, 2021, to vacate the residence and pay court costs to Scantlebury.

He unsuccessfully challenged the order at the Court of Appeal which prompted him to go to the CCJ. 

After two administratively defective applications for special leave were filed in the regional court and refused, Ramassar made a third application on April 3 this year, which was accepted by the court. This was an urgent application for special leave to appeal out of time and as a poor person and presented supporting affidavits.

Ramassar complained that there was a breach of natural justice because the same panel of the local Court of Appeal which heard the initial appeal on October 18 last year, also decided on January 18 to refuse leave to appeal to the CCJ.

He also argued that the interpretation by the Court of Appeal of Section 13 of the Landlord and Tenant (Registration of Tenancies) Act Cap 230A, raised a matter of general public importance.

However, the CCJ on Friday dismissed his arguments.
(EJ)

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