Ex parte Kensington
| Jurisdiction | UK Non-devolved |
| Judgment Date | 18 June 1863 |
| Date | 18 June 1863 |
| Court | Privy Council |
English Reports Citation: 15 E.R. 473
ON PETITION FROM THE COURT OF APPEAL OF THE LEEWARD ISLANDS.
Mews' Dig. tit. Colony; III. Appeals to Privy Council; 3. Leave to Appeal. Appeals from the Leeward Islands are regulated by O. in C. of June 8, 1854 (Stat. R. and O. Rev. iv., 339), made under 13 and 14 Vict., c. 15, s. 6, and O. in C. Of March 24, 1880, made under 7 and 8 Vict., c. 69 (Stat. R. and O., 1899. p. 1592). As to special leave in civil cases, see note to Retemeyer v. Obermuller, 1837, 2 Moo. P.C. at p. 125.
[209] ON PETITION FROM THE COURT OF APPEAL OF THE LEEWARD ISLANDS. Ex partb kensington * [June 18, 1863]. Application for special leave to appeal from a judgment of the Court of appeals for the Leeward Islands, on the grounds, first, that the Court being improperly constituted, no appeal could be legally asserted within the fourteen days from the judgment, the time limited for asserting an appeal; and, secondly, that the proceedings in the Court below should have been at law and not in equity; refused, (1) as the Petitioner ought to have applied for leave to appeal within the time prescribed, which might have been done under protest; and (2) that he was not entitled to the indulgence he asked for. his objection to the mode of proceeding being merely of a technical character, and not affecting the merits. This was a petition for special leave to appeal from a judgment of the Court of appeal of the Leeward Islands, the Petitioner not having applied to that Court for leave to appeal within fourteen days after the Court had pronounced judgment. The petition stated that, on the 2nd of February, 1856, one John Houghtoii instituted a suit in the Court of Chancery in Antigua against the Petitioner, wherein he set out a Bill of Complaint filed against him by the Petitioner in the Court of Chancery in England, and a final Order therein made by the Vice-Chancellor Stuart on the 30th of June, 1854, whereby the Petitioner was ordered within six weeks to pay the sum, of .296 10s. and ,443 3s. 9d. for costs, and prayed that the Petitioner might be ordered to pay that sum. The petition further stated, that the Petitioner demurred to the Bill filed against him in Antigua, but that the demurrer was overruled by the Court on the 8th of February, 1861. That on the 13th of February, 1861, the Petitioner served a written notice on the other side of his intention to appeal to the Court of [210] appeal of the Leeward Islands. That on the 2nd...
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