ST. LUCIA
IN THE COURT OF APPEAL
CIVIL APPEAL NO. 5 OF 2002
BETWEEN:
DOLITTLE’S LIMITED
Appellant
and
THE ATTORNEY GENERAL
First Respondent
VALENCE JOSEPH
Second Respondent
Before:
The Hon. Sir Dennis Byron Chief Justice
Appearances:
No appearance for the Appellant
Ms. Jan Drysdale for the First Respondent

No appearance for the Second Respondent

2003: October 14.

JUDGMENT
[1] BYRON CJ: On the 8th day of April, 2002 the Appellant applied for leave to appeal
against a decision of the Master made on the 25th day of March, 2002.
[2] Leave to appeal was granted on the 17th day of May, 2002 and directions were made
for service of the order and the Notice of Application on or before the 10th day of June,
2002 and for the matter to proceed as a procedural appeal. [3] Part 62.10 requires that procedural appeals are to be prosecuted not less than
fourteen (14) days or more than twenty-eight (28) days after filing the Notice of Appeal
and that written submissions in support of the appeal must accompany the Notice of
Appeal.
[4] The Appellant has failed to comply with the order of the 17th May, 2002 or the
prescribed rules of Part 62.10.
[5] On the 7th day of October, 2003 the matter came on for a procedural hearing. The
matter was listed for hearing today for the Appellant to show cause as to why this
appeal should not be dismissed. Notices were served on the relevant parties. The
appellant did not appear. The court office contacted his chambers and was informed
that he did not intend to appear because he had received no instructions from his
client.
[6] In the circumstances the appeal is dismissed. There is no order as to costs.
Sir Dennis Byron
Chief Justice