“Double-barreled Attack” 5th November 2019


“Double-barreled Attack”

Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.”

– Martin Luther King, Jr.

Dear Friends and supporters,

Thank you again for the support and prayers, and thank you to all those who have made our survival possible financially, especially to the generous family who is hosting us now.

On Tuesday, 5th November, the hearing, 4 years later, since the Court of Appeal declared to not have any Appeal before them because leave to appeal in the court below was not obtained,  we passed another milestone, and it feels so good when justice prevails, giving you this special, almost euphoric sensation.

We had our share of suffering and struggle yesterday when during a stretch of 2 hours and 45 minutes, we were making our case to the court regarding UBS’ application for a stay of our appeal until we will make payment to the Court (which we are obviously unable to pay and which will be due once the full hearing will be completed). After all, the precedent behind our argument was established 198 years ago.

“Non-payment of costs per se is not a ground for staying proceedings”

Was pronounced in the case Killing v. Killing (1821) (quoted brevitatis causa)

A half-century later, this stance was confirmed and opened in another case :

Failure to pay only occurs when a previous final action for substantially the same cause has been adjudicated upon and dismissed on the merits: see James M’Cabe (Pauper) Appellant: and the Governor and Company of the bank of Ireland Respondents – (1889) 14 App.Cas. 413

In the case Martin v. Earl Beauchamp (1883) 25 Ch.D. 12 and M’Cabe v. Bank of Ireland (1889) 14 App.Cas. 413 (quoted brevitatis causa)

It is not the first time that the attorneys for UBS have tried to introduce some novice and extravagant approach to try to circumvent the well established Commonwealth system. A desperate attempt to render it more oppressive and suitable to their needs.

Our ferocious resistance to such an application, received from Hon. Judge Jon Isaac the rewarding nomination of being a “double-barreled attack”.

We will be back in Court on the 13th of January, 2020 for our substantial appeal, where a summary judgment was made against a residential property – this has not occurred in the Common Law since 1937, when under the Nazi regime there were no legal procedures at all. What a dream for our opponents!

We hope also to obtain a date before that for the hearing of our interlocutory applications, with such important points applicable not only to us but for all people in the Bahamas, such as:

  1. That a forceable eviction can not be done on an interlocutory order (orders that are issued by a court while a case is still ongoing).
  2. That an eviction can not take place in a house with minors.
  3. Judicial pronouncement on availability of summary judgment for actions for possession of land.
  4. That fee waving must be available for those who can not pay – that Justice can not be sold. Everyone has the Constitutional right of access to Justice, as already is the case in the whole Commonwealth.

You can read our full application here – 0024 – Notice 5 of INTERLOCUTORY APPLICATIONS 2018-02-15-

So, while we are preparing for the next battle, we send our blessings to all of you, especially to those across the ocean who supported us in an unbelievable way and to the special editor of this article, friend and supporter,

Irina and all

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