Inderjit Kaur Chhina (Appellant) v Muhammad Nazir Muhammad Ismail and another (Respondents) (British Virgin Islands)

Awaiting judgment

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0040

Jurisdiction

British Virgin Islands

Parties

Appellant(s)

Inderjit Kaur Chhina

Respondent(s)

(1) Muhammad Nazir Muhammad Ismail

(2) Mohammed Nazim

Issue

Whether an appeal to the Privy Council lies as of right or only with leave in relation to an order striking out an appeal for want of due prosecution and refusing an application for extending time. Relatedly, is an order striking out an appeal for want of due prosecution and refusing an application for extending time a final or an interlocutory order?

Facts

Inderjit Kaumar Chhina (the "Appellant") filed an action in the Commercial Court claiming ownership of the shares of a Territory of the Virgin Islands ("BVI") company that owned property in London, England, Firmingham Ltd ("Firmingham"). The claim was dismissed and on 12 November 2020 the Appellant appealed against the decision of the Commercial Court. The Appellant did not take any further steps in pursuing the appeal and on 18 March 2022, the Respondents applied to strike out the appeal for want of prosecution. The Appellant's response was to apply for an extension of time to file the record of appeal. Both applications came up for hearing by the Court of Appeal on 10 May 2022. On 22 July 2022, the Court of Appeal delivered its judgment making the orders dismissing the Appellant's application for an extension of time to file and serve the record of appeal and striking out the notice of appeal for want of prosecution, with costs to the Respondents.Being dissatisfied with the decision of the Court of Appeal, the Appellant applied for conditional leave to appeal to the Privy Council under the provisions of sections 3(1) and 3(2) of the Virgin Islands (Appeals to the Privy Council) Order 1967. The Court of Appeal refused conditional leave to appeal. The Appellant now applies to the Privy Council for permission to appeal.