THE APPEAL Court ruled yesterday that a High Court judge was wrong to strike out a key element in a company's lawsuit in a matter filed against Works and Infrastructure Minister Jack Warner.
The matter was raised by the company, Real Time Systems Limited, as a procedural appeal, as it seeks to recover over $1.5 million allegedly loaned to Warner.
The ruling was delivered by Justices Peter Jamadar, Alice Yorke Soo-Hon and Nolan Bereaux yesterday.
The Appeal Judges, in a 15-page ruling said the appropriate forum to hear the application is the High Court, since they are the ones to decide what can be included in the bundle of evidence and what can be struck out.
Real Time Systems Limited of Rivulet Road, Brechin Castle, Couva, had sued Warner, seeking to recover $1,505,493, which was loaned to him.
The application to strike out the company's statement of case was filed by Warner and heard before High Court Judge Devindra Rampersad.
In making his decision, Rampersad noted that the material facts in relation to the alleged loan were not before the court on the statement of case and the court was of the view that this is unjust, oppressive and prejudicial to Warner, should the case continue with the statement of case.
Following Rampersad's ruling, a procedural appeal was filed by Real Time Systems Limited.
However, during yesterday's ruling, the Appeal Judges noted that Rampersad erred when he did this and such action was premature.
The Appeal Judges then referred the matter back to the High Court.
According to Real Time Systems Limited lawsuit, the company claimed it loaned Warner the money between the period October 9, 2007 and November 1, 2007. The monies were allegedly paid to Warner through the issuance of five cheques.
Real Time Systems Limited further stated that Warner agreed to repay the said sum "within a short period being the end of February 2008, as by then you would have received payment of monies that were due to you from FIFA."
The lawsuit also named Renraw Investments Limited, CCAM and Company Limited, and Warner, trading as the Dr Joao Havelange Centre of Excellence, as defendants.
Attorneys Neal Bisnath and Lydia Mendonca who filed the lawsuits on April 7 and 8, are seeking the interest of Real Time Systems Limited, while Warner has retained the services of Queen's Counsel William Mc Cormick and attorneys Om Lalla and Derek Balliram.