Maha Sabha loses appeal

The Court of Appeal yesterday dismissed the matter and ordered the Maha Sabha to pay costs fit for senior and junior counsel. The court comprised Justices Wendell Kangaloo, Margot Warner and Allan Mendonca.

Dr Fenton Ramsahoye SC and Anand Ramlogan appeared for the Maha Sabha, while Russell Martineau SC and Michael Quamina represented the Central Bank.

The Maha Sabha appealed against the decision of Madame Justice Judith Jones to set aside the leave granted to it to apply for judicial review by Madame Justice Carol Gobin.

The Maha Sabha filed its application for judicial review in 2004. Gobin granted leave for the Maha Sabha to file for judicial review. But the Central Bank moved to set aside the leave on the ground that there was delay of 14 months by the Maha Sabha in filing for judicial review.

Jones agreed with the Central Bank and set aside the leave. The Maha Sabha appealed.

Martineau argued that there had been a 14-month delay by the Maha Sabha in its application for judicial review. Justice Kangaloo, who delivered the judgment, agreed with Martineau.

Ramsahoye argued that Cudjoe was not qualified to hold the post of member of the board of directors at the Central Bank. In his judgment, Kangaloo said while the Governor and Deputy Governor of the Central Bank must be men of proven financial experience, that requirement does not apply to the other four directors.

Kangaloo said these directors could be drawn from law and administration, and there was no need for a background in finance.