Chronology of Court proceedings (with documents)

Justizia

Dear Friends,
Thank you so much!
We have precious advice that it is better to put all the Court documents on the website. Unfortunately, in contrast to the Privy Council, the Bahamas still does not have an electronic system of Court documents.
So, please, find here attached as follows our essential court documents:
23 March 2015 – The Supreme Court of the Bahamas made an order for payment or possession. Transcripts are available, if you wish, please, email me – it will to make you easily understand how it was all happening on that tragic for us day.
3 April 2017 – The Privy Council judgment JCPC 0052/2016 (here attached)
14 November 2017 – Extract of filed Statement of Claim against UBS, Supreme Court of the Bahamas action CLE/gen/No.01451. Junkanoo v UBS_Statement of Claim_page1-15_OVERVIEW–NOTICES_Tuesday, November 14, 2017(1)
21 December 2017 – Ruling for Leave to Appeal and refusal of the stay of execution, Supreme Court of the Bahamas (here attached) Please, note the same judge who made the possession order on 23 March 2015 stated that he “hardly” would have given possession had all evidence been present at the above hearing.
1 February 2018 – Motion to Appeal filed in the Court of Appeal (here attached) action No. 24/2018
2 February 2018 – Ruling of the Hon. Mr. Justice Milton Evans (here attached), where judge stood out of his chair as a judge, became a lawyer for UBS and while granting us the extension – because he found our appeal competent – refused a stay on the grounds that you have to be heard on the substantial appeal, creating so the disbalance of justice, harming us
5 February 2018 – Certificate of the order of the Court of Appeal (here attached). Please note the unimaginable speed with which such order was issued (1 working day), while we are still waiting, to this day of writing, for the transcripts and ruling of 12 February 2018.
12 February 2018 – hearing for the leave to Appeal to the Privy Council, which was refused on the basis that we still have an opportunity to be heard before the full panel in the Bahamas, while the appealing decision was interlocutory being made by a single judge. However, the Court indicated that we still have a possibility to apply for a special leave. The ruling and even the transcripts are not ready to this day. But we are on the street – evicted by the bank having this interlocutory order! At the same hearing, the court acceded our oral application supported by Skeleton arguments (here attached) and ordered J. Sir Michael Barnett to recuse himself
15 February 2018 – Notice of Motion on interlocutory applications, including an application for a stay of execution (here attached)
15 February 2018 -Writ of possession issued without leave from the Court (here attached), which is a violation of the Supreme Court rules
23 February 2018 -Application for a special leave to Appeal to the Privy Council against the decision refusing a stay of execution (here attached). This was refused at 10.20 am on 27 February 2018 – on the grounds that The Board is not entertaining interlocutory applications. Two hours later the eviction started notwithstanding that several notices have been given in advance to the local authorities about possible abuse of powers by the bailiff and the police (here attached).

And now there is a new threat which required us to give a Notice (here attached) on the Justices and Registrars of the Supreme Court and appellate justices of the Court of Appeal about a potential wrongful attempt on the part of attorneys for the bank to obtain an order for sale of the property in violation of the provisions of the mentioned above Ruling of the Hon. Mr. Justice Milton Evans dated 21 December 2017 at paragraph 27 page 16.

10 October 2018 – our application of special leave to Appeal at the Privy Council was refused, paper-based decision, so no ruling will be. It makes us believe that the cause of refusal is our mistake – we apply for an injunction, which Privy Council is not entertaining. Another reason could be that the special leave is granted only when you have exhausted all possibilities in the original jurisdiction, but in our case, “technically” we still have opportunity to be heard by the full panel – three judges in the Court of Appeal.

27 March 2019 – hearing before the Deputy Registrar of the Court of Appeal. we were ordered to pay the bond of 1000$, plus fees waiving again refused. Waiting to be heard by a single judge in order to appeal this registrar’s decision.

23 April 2019 – Plaintiffs has filed two witnesses statements, as from judge’s order with directions for a trial. We sent statements to the UBS’ attorneys as well.UBS did not file e/o sent to us any till today, 29th April 2019. 

Applications pending-decided before The Hon. Mr. Justice Ian Winder of the Supreme Court of the Bahamas, as of 29th April 2019.

By the Plaintiffs

  1. An application filed on 26th June 2017 for leave to commence a committal proceeding against Mr. Marco Turnquest for cumultuos misleading and lying to court officers, clerks and in the open courts State :  PENIDNG, awaiting for the date               
  2. An Application filed on 23 March 2017  for a stay of all proceedings  State : DISMISSED, with costs for Defendats .  Order filed on  22 February 2019, we did not know about and opposed the wording of the order.                                                                                                 
  3. An application filed on 8th June 2018 for an Order that certain paragraphs of the Amended Defence filed by the Defendant on 26th November 2018 be struck out on the ground that they do not disclose reasonable defences.     State : PENIDNG, awating for the date                                                                                                        
  4. An application filed on 11th June 2018 for an Order that the Plaintiffs be granted final judgment in this action for the reliefs claimed in certain claims of the the Plaintiffs’ Statement of Claim  State :  PENDING, awating for the date
  5. An application filed on 15th June 2018 for an Order that the Defendant do produce for inspection by the Plaintiffs the documents, in an un-redacted form, specified in Schedules 1 and 3 hereto, being documents referred to in the Amended Defence of 26 November 2018 and requested by the Plaintiffs’ First and Third Notices issued under Order 24 rule 10 of the RSC  State: GRANTED with costs for the Plaitiffs
  6. An application filed on 4 July 2018 for an Order giving leave to serve on the Defendant interrogatories relating to matters in question between the parties and requiring that the Defendant to answer the interrogatories on affidavits State: DISMISSED with costs for the Defendants
  7. An application filed on 9th November 2018 for an Order that the Defendant’s application for a declaration that the power of sale has arisen and exercisable and that it be at liberty to market the property belonging to the First Plaintiff be dismissed State : STAYED until the determination of the trial  
  8. An application filed on 9th November 2018 for leave for an Order for committal against Ms. Lena Bonaby State : PENIDNG, awating for the date                                                                                                        
  9. An application filed on 20th November 2018 for an Order that the Defendant surrender benefits of execution and deliver up possession of the property in question to the Plaintiffs State : STAYED until the determination of the trial  
  10. An application filed on 22nd November 2018 for an Order that the current liquidators of the Defendant be removed and Provisional liquidator be appointed State : DENIED until the determination of the trial  
  11. An application filed on 23rd November 2018 for an Order that the Affidavit of Lena Bonaby be strikeout and re-sworn by John Delaney State: STAYED until the determination of the trial  
  12. An application filed on 28th November 2018 for an Order that the Affidavits of Olivia Robertson Moss filed on 7th and 26th November 2018 be strikeout  State: GRANTED with costs for the Plaintiffs
  13. An application filed on …January  2019 for cross-examination. State: DISMISSED with costs for the Defendants

By the Defendant

    1. An application filed on 7th November 2018 for leave to amend its Defence  State: GRANTED with costs for the Plaitiffs

 

  • An application filed on 7th November 2018 for a declaration that the power of sale has arisen and exercisable and that it be at liberty to market the property belonging to the First Plaintiff Dated this 5th  day of December 2018. State : STAYED until the determination of the trial  

 

 

 

 

JCPC Judgement

Ruling of Evans J 21 December 2017

Notice of Appeal Motion 1 February 2018

Court of Appeal Judgement 2 February 2018

Notice of Motion 15 February 2018

Skeleton 2 for Recusal of J. Barnett

Writ of Possession of 15 February 2018

Application to the Privy Council 23 February 2018

Notice on the Commissioner of Police 16 February 2018

Notice on the Minister of National Security 20 February 2018

Notice on the Commissioner (2) 22 February 2018

Notices on Justices and Registrars 6 March 2018

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