Joseph Jordan and Justice Elneth Kentish (inset) – Photo credit: Nation Newspaper
On Wednesday November 7, the Nation published a report headlined “COURT TWIST”. It recounted how Miss Elneth Kentish, one of our battery of so-called “High Court Judges” had recused herself from a case before her, on the basis that she herself would be suing one of the parties in the case for defamation, presumably arising out of the case. The details of the case, Coach House Limited v Joseph Jordan III, are not relevant here.
However, what is relevant is that, according to the Nation report (and the Appeal that has, it is alleged, since been filed) Miss Kentish, after having recused herself, went on to issue an order in the case. So, the allegations of the Nation and the Appeal being correct, she removes herself from the case and then issues an order in the case. Does this make sense to anyone – and we mean both and legal common sense.
And just what would have been so wrong in Miss Kentish (or our incompetent Registrar) writing to counsel on both sides in advance of their appearance before her, stating that she was recusing herself and maybe even copying them her letter to the CJ, so that they did not turn up in court and charge their clients for so doing for four hours AT LEAST of their time?
