The Caribbean Court of Justice (CCJ) has ordered a fresh trial of a 2008 case brought by Republic Bank (Guyana) Limited against Guyadin Construction Co. and others after finding that a summary judgment should not have been made by the trial judge.
In an order on July 25th, 2014, the court said in part,”…we agree that this was not a case in which it was appropriate for summary judgment to have been given by the trial judge. We agree that the case should be remitted to the Commercial Court for the trial judge to give a reasoned decision after taking evidence. We wish to make clear that at this trial all the relevant issues should be canvassed and, entirely unfettered by any remarks or orders made by the Full Court, the trial judge should feel at liberty to make such decisions as he or she considers appropriate.”
For the purposes, of this case, the CCJ also assumed the powers of the Guyana Court of Appeal in