Jesse Mackalton Rogers Appellant v Florence Druscilla Phillips Respondent [ECSC]

• Jurisdiction: Anguilla
• Judgment Date: 28 April 1986
• Judgment citation (vLex): [1986] ECSC J0428-1
• Docket Number: CIVIL APPEAL NO: 4/82
• Date: 28 April 1986
• Court: Court of Appeal (Anguilla)

[1986] ECSC J0428-1

IN THE COURT OF APPEAL

CIVIL APPEAL NO: 4/82

Between:

Jesse Mackalton Rogers

Appellant

and

Florence Druscilla Phillips

Respondent

Miss Myrna Walwyn for Appellant

Mr. I.D. Mitchell for Repondent

Judgment of the Court—Robotham. CJ

1 On April 28, 1986 the Court heard arguments from Miss Walwyn for the Appellant herein.

2 The main ground of appeal was that the Trial Judge erred in admitting secondary evidence of the existence and contents of a receipt, given in respect of the purchase of the land in dispute by the Respondent Florence Druscilla Phillips from Hilton Flemming. This document was admitted in evidence before the Adjudicating Officer and at the rehearing before the Judge, it was relied upon.

3 No objection having been taken at any time to the admission of the secondary evidence and it not having been challenged in any way, objections cannot now be taken to its admission at the hearing of this appeal.

4 The appeal is accordingly dismissed and the...