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Chamber Hearing – 21st January 2025

2025-01-21
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83488
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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday, 21st January 2025 MATTTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor M. Ward, Justice of Appeal Case Name: The Attorney General of Anguilla v

[1]Romeine Browne

[2]Cuthwin Davis

[3]Alexis Connor [AXAHCVAP2024/0002] Anguilla Date: Tuesday, 21st January 2025 On paper: Applicant: Ms. Erica Edwards Respondents: Mr. Carlyle Rogers Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of all proceedings in AXAHCV2023/0017 pending the hearing of the appeal is granted. 2. No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. The Court also noted that the respondents, having received notice of the application, had not complied with the order of the court directing that a response to the stay application be filed. In the circumstances the Court was minded to grant the application for a stay of proceedings. Case Name: Nicole D. Martin (Attorney for Nalda Marin a.k.a. Condacey Martin also known as Nolder Clovis Candacey Martin) v [1] Ronnie James (as sole surviving Executor of the Estate of Ethel Geraldine Martin, deceased) [2] Eldridge Martin [3] The Estate of Eldena Martin Wade, deceased (represented by Joseph Pinder)

[4]Geraldine Pamela Dickenson (nee Martin) (as sole surviving executrix of the Estate of George Martin) [ANUHCVAP2024/0008] (Antigua and Barbuda) Date: Tuesday, 21st January 2025 On paper: Applicant: Asheen Joseph Respondents: Denise Parillon for the 1st respondent Michael Archibald for the 2nd respondent The 3rd respondent in person Kamilah Roberts for the 4th respondent Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of proceedings in the High Court of Justice of Antigua and Barbuda in relation to ANUHCVAP2024/0008 is stayed pending the hearing and determination of the appeal. 2. No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. In the circumstances, the Court was minded to grant the application for a stay of proceedings. Case Name: Ann Scotland v Joseph Alain Regis [DOMMCVAP2023/0007] (Dominica) Date: Tuesday, 21st January 2025 On paper: Applicant: Mr. Joshua Francis Respondents: In Person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is unnecessary and is accordingly dismissed. 2. 2. The appeal shall proceed in accordance with Part 62 of the Civil Procedure Rules (Revised) 2023. Reason: The Court considered section 141 of the Magistrate’s Code of Procedure Act Chap. 4:20 of the Laws of Dominica and was of the view that this case did not fall within the exceptions therein stipulated.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday, 21 st January 2025 MATTTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor M. Ward, Justice of Appeal Case Name: The Attorney General of Anguilla v

[1]Romeine Browne

[2]Cuthwin Davis

[3]Alexis Connor [ AXAHCVAP2024/0002] Anguilla Date: Tuesday, 21 st January 2025 On paper: Applicant: Ms. Erica Edwards Respondents: Mr. Carlyle Rogers Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for a stay of all proceedings in AXAHCV2023/0017 pending the hearing of the appeal is granted.

2.No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. The Court also noted that the respondents, having received notice of the application, had not complied with the order of the court directing that a response to the stay application be filed. In the circumstances the Court was minded to grant the application for a stay of proceedings. Case Name: Nicole D. Martin (Attorney for Nalda Marin a.k.a. Condacey Martin also known as Nolder Clovis Candacey Martin) v

[1]Ronnie James (as sole surviving Executor of the Estate of Ethel Geraldine Martin, deceased)

[2]Eldridge Martin

[3]The Estate of Eldena Martin Wade, deceased (represented by Joseph Pinder)

[4]Geraldine Pamela Dickenson (nee Martin) (as sole surviving executrix of the Estate of George Martin) [ ANUHCVAP2024/0008 ] (Antigua and Barbuda) Date: Tuesday, 21 st January 2025 On paper: Applicant: Asheen Joseph Respondents: Denise Parillon for the 1 st respondent Michael Archibald for the 2 nd respondent The 3 rd respondent in person Kamilah Roberts for the 4 th respondent Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for a stay of proceedings in the High Court of Justice of Antigua and Barbuda in relation to ANUHCVAP2024/0008 is stayed pending the hearing and determination of the appeal.

2.No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. In the circumstances, the Court was minded to grant the application for a stay of proceedings. Case Name: Ann Scotland v Joseph Alain Regis [ DOMMCVAP2023/0007] (Dominica) Date: Tuesday, 21 st January 2025 On paper: Applicant: Mr. Joshua Francis Respondents: In Person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal is unnecessary and is accordingly dismissed.

2.The appeal shall proceed in accordance with Part 62 of the Civil Procedure Rules (Revised) 2023. Reason: The Court considered section 141 of the Magistrate’s Code of Procedure Act Chap. 4:20 of the Laws of Dominica and was of the view that this case did not fall within the exceptions therein stipulated.

PDF extraction

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday, 21st January 2025 MATTTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor M. Ward, Justice of Appeal Case Name: The Attorney General of Anguilla v

[1]Romeine Browne

[2]Cuthwin Davis

[3]Alexis Connor [AXAHCVAP2024/0002] Anguilla Date: Tuesday, 21st January 2025 On paper: Applicant: Ms. Erica Edwards Respondents: Mr. Carlyle Rogers Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of all proceedings in AXAHCV2023/0017 pending the hearing of the appeal is granted. 2. No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. The Court also noted that the respondents, having received notice of the application, had not complied with the order of the court directing that a response to the stay application be filed. In the circumstances the Court was minded to grant the application for a stay of proceedings. Case Name: Nicole D. Martin (Attorney for Nalda Marin a.k.a. Condacey Martin also known as Nolder Clovis Candacey Martin) v [1] Ronnie James (as sole surviving Executor of the Estate of Ethel Geraldine Martin, deceased) [2] Eldridge Martin [3] The Estate of Eldena Martin Wade, deceased (represented by Joseph Pinder)

[4]Geraldine Pamela Dickenson (nee Martin) (as sole surviving executrix of the Estate of George Martin) [ANUHCVAP2024/0008] (Antigua and Barbuda) Date: Tuesday, 21st January 2025 On paper: Applicant: Asheen Joseph Respondents: Denise Parillon for the 1st respondent Michael Archibald for the 2nd respondent The 3rd respondent in person Kamilah Roberts for the 4th respondent Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of proceedings in the High Court of Justice of Antigua and Barbuda in relation to ANUHCVAP2024/0008 is stayed pending the hearing and determination of the appeal. 2. No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. In the circumstances, the Court was minded to grant the application for a stay of proceedings. Case Name: Ann Scotland v Joseph Alain Regis [DOMMCVAP2023/0007] (Dominica) Date: Tuesday, 21st January 2025 On paper: Applicant: Mr. Joshua Francis Respondents: In Person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is unnecessary and is accordingly dismissed. 2. 2. The appeal shall proceed in accordance with Part 62 of the Civil Procedure Rules (Revised) 2023. Reason: The Court considered section 141 of the Magistrate’s Code of Procedure Act Chap. 4:20 of the Laws of Dominica and was of the view that this case did not fall within the exceptions therein stipulated.

WordPress

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday, 21 st January 2025 MATTTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor M. Ward, Justice of Appeal Case Name: The Attorney General of Anguilla v

[1]Romeine Browne

[2]Cuthwin Davis

[3]Alexis Connor [ [AXAHCVAP2024/0002] Anguilla Date: Tuesday, 21 st January 2025 On paper: Applicant: Ms. Erica Edwards Respondents: Mr. Carlyle Rogers Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT:

[4]Geraldine Pamela Dickenson (nee Martin) (as sole surviving executrix of the Estate of George Martin) [ [ANUHCVAP2024/0008] ] (Antigua and Barbuda) Date: Tuesday, 21 st January 2025 On paper: Applicant: Asheen Joseph Respondents: Denise Parillon for the 1 st respondent Michael Archibald for the 2 nd respondent The 3 rd respondent in person Kamilah Roberts for the 4 th respondent Issues: Application for stay of proceedings Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for a stay of all proceedings in AXAHCV2023/0017 pending the hearing of the appeal is granted.

2.No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. The Court also noted that the respondents, having received notice of the application, had not complied with the order of the court directing that a response to the stay application be filed. In the circumstances the Court was minded to grant the application for a stay of proceedings. Case Name: Nicole D. Martin (Attorney for Nalda Marin a.k.a. Condacey Martin also known as Nolder Clovis Candacey Martin) v

[1]Ronnie James (as sole surviving Executor of the Estate of Ethel Geraldine Martin, deceased)

[2]Eldridge Martin

[3]The Estate of Eldena Martin Wade, deceased (represented by Joseph Pinder)

1.The application for a stay of proceedings in the High Court of Justice of Antigua and Barbuda in relation to ANUHCVAP2024/0008 is stayed pending the hearing and determination of the appeal.

2.No order as to costs. Reason: The Court noted the threshold for the grant of a stay consistent with the principles enunciated in C-Mobile Services Ltd v Huawei Technologies Co. Ltd and was of the view that the said threshold had been met by the applicant. In the circumstances, the Court was minded to grant the application for a stay of proceedings. Case Name: Ann Scotland v Joseph Alain Regis [ DOMMCVAP2023/0007] (Dominica) Date: Tuesday, 21 st January 2025 On paper: Applicant: Mr. Joshua Francis Respondents: In Person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal is unnecessary and is accordingly dismissed.

2.The appeal shall proceed in accordance with Part 62 of the Civil Procedure Rules (Revised) 2023. Reason: The Court considered section 141 of the Magistrate’s Code of Procedure Act Chap. 4:20 of the Laws of Dominica and was of the view that this case did not fall within the exceptions therein stipulated.

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