Chronology & Facts

Dear Friends,
Thank you so much!
We have precious advice that it is better to put all the Court documents on the website. Unfortunately, in contrast to the Privy Council, the Bahamas still does not have an electronic system of Court documents.

Here you can find the narrative of facts as for September 2020.

So, please, find here the cronology of proceedings and below the documents:
23 March 2015 – The Supreme Court of the Bahamas made an order for payment or possession. Transcripts are available, if you wish, please, email me – it will to make you easily understand how it was all happening on that tragic for us day.
3 April 2017 – The Privy Council judgment JCPC 0052/2016
14 November 2017 – Extract of filed Statement of Claim against UBS, Supreme Court of the Bahamas action CLE/gen/No.01451. Junkanoo v UBS_Statement of Claim_page1-15_OVERVIEW–NOTICES_Tuesday, November 14, 2017(1)
21 December 2017 – Ruling for Leave to Appeal and refusal of the stay of execution, Supreme Court of the Bahamas (here attached) Please, note the same judge who made the possession order on 23 March 2015 stated that he “hardly” would have given possession had all evidence been present at the above hearing.
1 February 2018 – Motion to Appeal filed in the Court of Appeal (here attached) action No. 24/2018
2 February 2018 – Ruling of the Hon. Mr. Justice Milton Evans (here attached), where judge stood out of his chair as a judge, became a lawyer for UBS and while granting us the extension – because he found our appeal competent – refused a stay on the grounds that you have to be heard on the substantial appeal, creating so the disbalance of justice, harming us
5 February 2018 – Certificate of the order of the Court of Appeal (here attached). Please note the unimaginable speed with which such order was issued (1 working day), while we are still waiting, to this day of writing, for the transcripts and ruling of 12 February 2018.
12 February 2018 – hearing for the leave to Appeal to the Privy Council, which was refused on the basis that we still have an opportunity to be heard before the full panel in the Bahamas, while the appealing decision was interlocutory being made by a single judge. However, the Court indicated that we still have a possibility to apply for a special leave. The ruling and even the transcripts are not ready to this day. But we are on the street – evicted by the bank having this interlocutory order! At the same hearing, the court acceded our oral application supported by Skeleton arguments (here attached) and ordered J. Sir Michael Barnett to recuse himself
15 February 2018 – Notice of Motion on interlocutory applications, including an application for a stay of execution (here attached)
15 February 2018 -Writ of possession issued without leave from the Court (here attached), which is a violation of the Supreme Court rules
23 February 2018 -Application for a special leave to Appeal to the Privy Council against the decision refusing a stay of execution (here attached). This was refused at 10.20 am on 27 February 2018 – on the grounds that The Board is not entertaining interlocutory applications. Two hours later the eviction started notwithstanding that several notices have been given in advance to the local authorities about possible abuse of powers by the bailiff and the police (here attached)

23 September 2019 – The Supreme Court Judge vacated our trail on the UBS” appliction supported by the affidavit where the main “ground” is lack of any witness. No order was written, no ruling so far.

11 August 2020 – The Court of Appeal of the Bahamas dismissed our Appeal

4 September 2020 – application to the Judiciaal Cometee of the Privy Council for the permission to appeal

10 November 2021 – The Judicial Committee of the Privy Council of 10 November 2021 refused special leave to Appeal

14 December 2021 – we applied to the Court of Appeal of the Bahamas for  leave to the Judicial Commetee of the Privy Counsil and that all proceedings will be stayed

21 December 2021 – we applied to the Pricy Council tht the order for costs will be suspended

14 January 2022 – UBS objected our application to the Privy council

JCPC Judgement

Ruling of Evans J 21 December 2017

Notice of Appeal Motion 1 February 2018

Court of Appeal Judgement 2 February 2018

Notice of Motion 15 February 2018

Skeleton 2 for Recusal of J. Barnett

Writ of Possession of 15 February 2018

Application to the Privy Council 23 February 2018

Notice on the Commissioner of Police 16 February 2018

Notice on the Minister of National Security 20 February 2018

Notice on the Commissioner (2) 22 February 2018

Notices on Justices and Registrars 6 March 2018 

Ruling of the Court of Appeal of the Bahamas of 11 August 2020

Application for Special Leave to Appeal to the Judicial Committee of the Privy Council of 4 September 2020

The Order of the Judicial Committee of the Privy Council refusing special leave to Appeal of 10 November 2021

Notice of motion for leave to the Privy Council 14 December 2021

Appellants (our) application to the Privy Council of 21 December 2021 that the order for costs made by the Judicial Committee on 10 November 2021 will be suspended

Respondents (UBS) notice of objection to our application for the order for costs to be suspended on 14 January 2022

Respondents submissions in support of the objection of 14 January 2022

Letter to the US UBS attorney of 14 January 2022