Bolden v Bolden

• Jurisdiction: Barbados
• Judge: Husbands, J.
• Judgment Date: 27 March 1986
• Neutral Citation: BB 1986 HC 27
• Docket Number: No. 136 of 1982
• Date: 27 March 1986
• Court: High Court (Barbados)

High Court. (Family Division)

Husbands, J.

No. 136 of 1982

Bolden

and

Bolden

Mr. P.D.H. Williams of Messrs. Yearwood & Boyce for the applicant/wife.

Mr. C.A. Williams of Messrs. Hutchinson & Banfield for the respondent/husband.

Family law - Husband and wife — Judgment debt — Appeal against writ of execution for seizure of goods — Husband in a matrimonial property proceeding was ordered to pay one half share of the matrimonial property to the wife — Husband failed to pay the debt and the wife caused a writ of execution to be issued authorizing the seizure of the husband's goods and chattels in satisfaction of the judgment debt — Decision by court that once an appeal has been filed from a decision of the High Court concerning S. 73 of the Family Law Act, 1981 any application for a stay of execution must be brought in the Court of Appeal and may be heard by a single judge in accordance with Order 59, rule 21(1)(b) of the Rules of the Supreme Court — Part XI “Appeals” of the Family Law Rules 1982 held not to apply.

Practice and procedure - Appeal — Appeal against writ of execution for seizure of goods — Whether application should have been brought in the Court of Appeal or in the High Court — Whether Order 59, rule 2(1)(b) of the Rules of the Supreme Court were applicable or Part XI “Appeals” of the Family Law Rules 1982 — Court held that where an appeal has been filed and a stay of execution sought the application must be to the Court of Appeal in accordance with Order 50.

Husbands, J.

1 This is an adjourned summons for a stay of execution.

2 On the 5 ^th July, 1983 an, interim order was made that the husband pay his wife maintenance at the rate of Fifteen hundred dollars per month with effect from 1 ^st July, 1983 until further order. On the 9 ^th November, 1984 a final order was made which discharged the interim order after the 30 ^th November, 1983 and ordered inter alia as follows:–

“That the husband pay to the wife the sum of $88,000 (made up of $85,000 for her half share and $3,000 for maintenance) by installments of $8,000 on the 31 ^st December, 1984, $20,000 on the 30 ^th June, 1985; $20,000 on the 31 ^st December, 1985, $20 000 on the 30 ^th June; 1986 and $20,000 on the 31 ^st December, 1986, outstanding amounts to bear interest at eight percent per annum.”

3 Against these orders, the husband filed appeals dated 12 ^th July, 1983 and the 7 ^th December, 1984 respectively.

4 Pursuant to the judgments given in her favour the wife caused a Writ of Execution to issue authorizing the seizure of the husband's goods and chattels in satisfaction of the $88,000 judgment debt.

5 In his present application filed in the High Court on the 21 ^st February, 1985, the husband seeks the following orders:–

• (a) That execution and all further proceedings on the judgments delivered on the 5 ^th July, 1983 and on the 9 ^th November, 1984 be stayed pending the hearing of the appeals therefrom:

• (b)...