Shervon Peters and 8 others (Respondents) v Attorney General of Trinidad and Tobago (Appellant) (Trinidad and Tobago)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2025/0097

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

Respondent(s)

(1) SHERVON PETERS (2) DEVON PETERS (3) ANTHONY GLOSTER (4) JOEL FRASER(5) RONALD ARMSTRONG (6) KEIDA GARCIA (7) JAMEEL GARCIA (8) MARLON TRIMMINGHAM (9) ANTONIO CHARLES

Issue

Whether the Court of Appeal erred in reinstating the default judgment against the Attorney General

Facts

In 2007, the Respondents were charged with murder. They were acquitted in 2016, save for one of them, who had been released following a no case submission. In 2020, the Respondents sought damages for the tort of malicious prosecution. The Appellant, the Attorney General of Trinidad and Tobago, failed to defend the matter. In 2021, permission was granted for default judgment. The assessment of quantum was then decided in January 2023. In March 2023, the Attorney General applied to set aside the default judgment on grounds of improper service; the wrongful exercise of discretion; and the absence of jurisdiction to order the entry of default judgment with damages to be assessed. This application succeeded on grounds of improper service. The Respondents appealed to the Court of Appeal, challenging the orders made by the judge in setting aside the default judgment. The Attorney General, by counter-notice, appealed specific findings of facts and comments made by the judge. By majority, the Court of Appeal allowed the appeal and reinstated the default judgment. The Attorney General now seeks permission to appeal from the JCPC.