The Eastern Caribbean Supreme Court has again ruled against Grenada’s Prime Minister Dr Keith Mitchell in a civil action against the liquidator of the Grenada Today newspaper. In 2014, Mitchell lost an earlier bid before the high court in Grenada to have local chartered certified accountant Garvey Louison removed as liquidator of the newspaper. In the latest ruling, the Master, Justice Agnes Actie, ordered as follows: 1. The application to grant leave to commence the claim against the third named defendant (Grenada Today Limited (by its liquidator Garvey Louison)) is refused; 2. The claim form against the third named defendant is struck out; 3. Summary judgment is granted in favour of the third named defendant on the counterclaim; 4. The refusal of leave to proceed against the third named defendant will not stop the proceedings against the other defendants. Accordingly the claim shall be listed for further case management directions; and 5. Costs to the liquidator of third named defendant in the sum of $1,500. Grenada Today was put into liquidation in 2009 as a result of two charges of criminal libel brought against the managing editor, George Worme, in connection with a letter published by the newspaper accusing Mitchell of bribing voters in the 1999 general election. Louison was appointed as liquidator and, on January 16, 2014, Mitchell applied to the court for Louison’s removal and replacement as liquidator of the company. The application was refused with costs in the sum of $2,000 to the liquidator. On September 24, 2015, Mitchell instituted a new claim against the defendants on the ground that to date they have failed or neglected and or refused to make payment of the judgment debt. The liquidator applied to the Court for summary judgment and striking out of the claim on the ground that Mitchell failed to obtained leave to commence an action against the company in liquidation. The liquidator also objected to the filing of a fresh action on the ground that Mitchell has failed to satisfy the court’s orders of costs in previous proceedings amounting to EC$3,500. Mitchell applied to the court for retrospective leave to commence his action. The court held that, in accordance with the Companies Act, leave is required to commence or continue proceedings against a company in liquidation. The purpose and function of this requirement is to prevent a company in liquidation from being exposed to a multitude of actions that could be expensive and time consuming at the expense of the creditors of the company. Case law has established that the claim against a company in liquidation cannot proceed until the leave of the court is obtained. The court also observed that the granting of leave is a judicial discretion that requires the court to consider several factors when deciding whether or not to grant leave. Louison objected to the granting of leave to Mitchell on the ground that he is no stranger to the liquidation proceeding as it was Mitchell’s application made in 2009 that resulted in the winding up of the company. In dismissing the claim, the court held that Mitchell had not met the evidential burden necessary to convince the court to grant leave in retrospect. Thus the claim against the liquidator was struck out with costs granted in the sum of $1,500. Source: Caribbean News Now