Court rules magistrate acted outside jurisdiction in Kellman case

A High Court judge has ruled that a magistrate acted outside his authority in ordering the eviction of former minister Dennis Kellman, clearing the way for damages to be assessed in a judicial review.

Kellman, Minister of Housing and Lands under the last Democratic Labour Party (DLP) administration, was awarded damages in a civil suit which he brought against the magistrate in 2022.

But Roger Forde, SC, legal counsel for then-sitting magistrate Wayne Clarke, first defendant, and the Attorney General, second defendant, promptly gave notice he would be appealing the order handed down on Thursday by Justice Michelle Weekes.

The judge, who said she will provide written reasons for her decision on or before July 17, ruled that she will hear submissions on damages and costs from Forde and senior counsel Hal Gollop, who represents Kellman.

The case stems from High Court Judge Shona Griffith’s order that Kellman pay his former landlord, Ralph Bowen, $363 217.16 in rent arrears and other costs.

Following that order, the landlord made an application under the Magistrate’s Court Act to have Kellman evicted. The magistrate granted the application, and Kellman was removed as a tenant in October 2022.

That High Court ruling is under appeal, but Kellman maintained that the magistrate had no jurisdiction to order his eviction in the first place — a decision he argues resulted in damage and loss to him — leading to the application for judicial review.

In her brief judgment, Justice Weekes issued a declaration that the magistrate exceeded his jurisdiction and that his decision is null and void. She also granted an order of certiorari – a court order for a higher court to review a lower court’s decision – to quash the decision.

The judge also denied Forde’s application for leave to appeal her decision, but said he was nevertheless free to challenge her ruling.

The senior counsel argued that the judge had ruled on liability but not on the amount of damages, and that the matter was therefore interlocutory – temporary rather than final.

Forde has 28 days to file an appeal against liability and a further 28 days to do the same in relation to damages when that issue is heard.

Gollop objected to the application for leave to appeal, telling the court that Forde had no grounds to support his argument that the matter was interlocutory.

Justice Weekes also maintained that the case was not interlocutory as she rejected Forde’s appeal application.

The case was adjourned.

(EJ)