Status Hearing – 4th November 2024
- Collection
- Digests of Decisions
- Country
- Case number
- Judge
- Key terms
- Upstream post
- 82844
- AKN IRI
- /akn/ecsc/ecsc/digest/2024/digest/status-hearing-4th-november-2024/post-82844
-
82844-Status-Hearing-4th-November-2024-St.-Kitts-and-Nevis-.pdf current 2026-06-21 02:20:12.605576+00 · 398,015 B
THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT CHRISTOPHER AND NEVIS Monday 4th November 2024 Case Name: Hazel Ross-Robinson v The Attorney General [SKBHCVAP2019/0018] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Sasha Lloyd Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The notice of discontinuance, having been filed on 16th October 2024, the appeal is accordingly dismissed. Reason: The Court was informed that the parties had reached a settlement position. A notice of discontinuance was accordingly filed on 16th October 2024. The appeal was therefore deemed dismissed. Case Name: Shawn Richards v Nigel Carty [SKBHCVAP2020/0013] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of St Kitts and Nevis scheduled for 3rd March 2025 to allow for the necessary arrangements to be made for a change of Solicitor on behalf of the appellant. Reason: At the last status hearing, counsel for the appellant indicated that he intended to file a notice of change of solicitor. However, as at the date of the present status hearing, no application for a change of solicitor had been filed. Case Name: Shefton Crosse v Victor Williams [SKBHCVAP2020/0031] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 4. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name:
[1]Pinneys Hotel Development Limited
[2]The Nevis Club Company Limited v [1] Alexis Jeffers [2] Theodore Hobson
[3]Nevis Island Administration [SKBHCVAP2020/0011] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Ms. Kurlyn Merchant for the 2nd respondent Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners for the 1st and 3rd respondents Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 1. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Pinneys Hotel Development Limited v Alexis Jeffers [SKBHCVAP2020/0027] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 4. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Attorney General of Saint Christopher and Nevis v Shaheed Williams [SKBHCVAP2020/0021] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sasha Lloyd Respondents: In person Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve the Record of Appeal on or before 29th November 2024. 2. The matter shall thereafter proceed in accordance with the Civil Procedure Rules, (Revised Edition) 2023. 3. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The respondent indicated that he intends to engage counsel to represent him in the matter. Additionally, counsel for the appellant indicated they intended to file the Record of Appeal within 4 weeks. Case Name: Regulator of International Banking v [1] Petrodel Investment Advisers (Nevis) Limited [2] Michael J Prest [3] Bank of Nevis International Limited [NEVHCVAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jean Dyer Respondents: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve the amended record of appeal on or before 20th November 2024. 2. The appellant shall file and serve written submissions with authorities on or before 2nd December 2024. 3. The respondent shall file and serve written submissions with authorities on or before 31st December 2024. 4. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 15th January 2025. 5. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The transcript being ready, the Court made orders for the progression of the appeal. Case Name: Melvena Kelly v The King [SKBHCRAP2012/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. Henry Browne KC Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for the Federation of Saint Christopher and Nevis, scheduled for 3rd March 2025 to allow counsel for the appellant to continue to take instructions on the progress of this matter. Reason: Counsel for the appellant indicated that the parties have been in discussions in relation to the matter, however, these discussions are still ongoing. Case Name: Jahari Bart v The King [SKBHCRAP2017/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow counsel for the appellant to make the necessary applications for the appellant to be granted legal aid and for the appellant to amend the grounds of appeal. Reason: Counsel indicated that she will to make an application for a state assignment or legal aid in this matter as well as an application to amend the grounds of appeal. The respondent had no objections to an adjournment. Case Name: Sylvester James v Director of Public Prosecutions [SKBHCRAP2019/0012] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps in relation to his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed time to seek legal representation. Case Name: Reece Walters v Director of Public Prosecutions [SKBHCRAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to retain counsel. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain counsel. Brandon-Lee Wells v Director of Public Prosecutions [SKBHCRAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the Registrar of the High Court to serve a copy of Record of Appeal on the parties and to allow the appellant to make the necessary application to be assigned legal counsel for this appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: Counsel who represented the appellant at first instance indicated that he was not in a position to represent the appellant but indicated that Mr. Perry Joseph had undertaken to take the matter. The appellant therefore requested more time to sort out his legal representation. Case Name: Augustus Freeman v Director of Public Prosecutions [SKBHCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to sort out his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain a counsel. Case Name: Denny Harris v Director of Public Prosecutions [SKBHCRAP2022/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting the indication from the appellant that he no longer wishes to prosecute the appeal, the appellant shall take the necessary steps to file a Notice of Abandonment in accordance with section 59(1) of the Court of Appeal Rules 1968. 2. The registrar of the High Court shall assist the appellant in obtaining a copy of the Criminal Form 15 and having the same filed at the court office. 3. If paragraph 1 of the order is not complied with, the matter shall be listed for the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. Reason: The appellant indicated that he no longer wished to pursue the appeal as he had already served his time. Therefore, the Court adjourned the matter to allow the appellant to file a notice of abandonment. Case Name: Orvis Kasim Pogson v Director of Public Prosecutions [SKBHCRAP2022/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025 to allow counsel for the appellant to take the necessary steps to review the record and make any applications as necessary, as well to make an application to be assigned as counsel for the appellant in this matter. Reason: Counsel requested time to review the Record of Appeal and to make any applications which may be necessary. Counsel also requested time to make an application to be assigned as legal counsel for the appellant. Case Name: Derrick Hazel v Karen Hill- Hector [SKBMCRAP2020/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions with authorities on or before 5th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 6th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21st January 2025. 4. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he did not intend to retain legal counsel and wished to proceed with the prosecution of the appeal on his own. Further there were no steps taken by the State in relation to the named respondent who they asserted was not the appropriate party to the proceedings. Not wishing to delay the hearing of the appeal any further, the respondent did not object to receiving directions to progress the appeal. Case Name: Desue Danny McFarlane v The Chief of Police [SKBMCRAP2023/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to finalise his legal representation. Reason: The Court noted that the Record of Appeal had been filed but no submissions. Counsel for the appellant indicated that he had recently been retained and that he and his client were still working out their retainer arrangement. Case Name: Michael Jack v The Chief of Police [SKBMCRAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions with authorities on or before 5th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 6th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21st January 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he wished to represent himself and wanted to proceed with the matter. Case Name: Rayjorn Richards v The Chief of Police [SKBMCRAP2024/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Dollrita Cato Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to act in person. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court was informed by Ms. Dollrita Cato that the appellant had indicated that he wished to retain new counsel, however the appellant indicated that he wished to prosecute the appeal himself. Case Name: Glennis Small v The Licensing Authority [SKBMCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Vaughan Henderson Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall provide proof of service of the notice of appeal and authorization code on the respondent. 2. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025. Reason: The Court noted that the record of appeal and an amended record of appeal had been filed however no submissions had been filed. Counsel for the respondent however indicated that he had not had time to review the record of appeal as he had not been able to access the E-Litigation Portal and requested an adjournment. Case Name: Cozier and Associates International Limited v The Social Security Board [NEVMCVAP2022/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. JeNise Carty Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 13th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 13th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 28th January 2025. 4. This appeal will be Listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court, upon noting that the Record of Appeal had been completed, gave directions for the progression of the appeal. Case Name: Abdul Ahmed v Fern Hanley [NEVMCVAP2023/0002] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to complete the arrangements for his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel indicated that he had not been fully retained by the appellant as yet as the appellant was settling some issues in relation to his retainer. Case Name: Mellissa Wigley v Glenson Hobson [SKBMCVAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the respondent and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal, noting also that the magistrate who dealt with the matter was no longer a sitting magistrate. The matter was adjourned to allow the Magistrate’s Court time to file the Record of Appeal Case Name: Mechiel Francis v Kwesi Adams [SKBMCVAP2019/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal. Case Name: Arnold Adams v [1] Austawaki Coker [2] Austin Coker [SKBMCVAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Zenitaa Singh Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal. Case Name: Austin Edinborough v Selwyn Matthew [SKBMCVAP2020/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Saundra Hector holding papers for Mr. Patrice Nisbett Respondent: Ms. Chante Francis Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of in Saint Kitts and Nevis scheduled for 3rd March 2025. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal.
THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT CHRISTOPHER AND NEVIS Monday 4 th November 2024 Case Name: Hazel Ross-Robinson v The Attorney General [SKBHCVAP2019/0018] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Sasha Lloyd Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The notice of discontinuance, having been filed on 16 th October 2024, the appeal is accordingly dismissed. Reason: The Court was informed that the parties had reached a settlement position. A notice of discontinuance was accordingly filed on 16 th October 2024. The appeal was therefore deemed dismissed. Case Name: Shawn Richards v Nigel Carty [SKBHCVAP2020/0013] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of St Kitts and Nevis scheduled for 3 rd March 2025 to allow for the necessary arrangements to be made for a change of Solicitor on behalf of the appellant. Reason: At the last status hearing, counsel for the appellant indicated that he intended to file a notice of change of solicitor. However, as at the date of the present status hearing, no application for a change of solicitor had been filed. Case Name: Shefton Crosse v Victor Williams [SKBHCVAP2020/0031] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
4.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name:
[1]Pinneys Hotel Development Limited
[2]The Nevis Club Company Limited v
[1]Alexis Jeffers
[2]Theodore Hobson
[3]Nevis Island Administration [SKBHCVAP2020/0011] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Ms. Kurlyn Merchant for the 2 nd respondent Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners for the 1 st and 3 rd respondents Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
1.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Pinneys Hotel Development Limited v Alexis Jeffers [SKBHCVAP2020/0027] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
4.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Attorney General of Saint Christopher and Nevis v Shaheed Williams [SKBHCVAP2020/0021] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sasha Lloyd Respondents: In person Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall file and serve the Record of Appeal on or before 29 th November 2024.
2.The matter shall thereafter proceed in accordance with the Civil Procedure Rules, (Revised Edition) 2023.
3.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The respondent indicated that he intends to engage counsel to represent him in the matter. Additionally, counsel for the appellant indicated they intended to file the Record of Appeal within 4 weeks. Case Name: Regulator of International Banking v
[1]Petrodel Investment Advisers (Nevis) Limited
[2]Michael J Prest
[3]Bank of Nevis International Limited [NEVHCVAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jean Dyer Respondents: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED:
1.The appellant shall file and serve the amended record of appeal on or before 20 th November 2024.
2.The appellant shall file and serve written submissions with authorities on or before 2 nd December 2024.
3.The respondent shall file and serve written submissions with authorities on or before 31 st December 2024.
4.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 15 th January 2025.
5.The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The transcript being ready, the Court made orders for the progression of the appeal. Case Name: Melvena Kelly v The King [SKBHCRAP2012/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. Henry Browne KC Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for the Federation of Saint Christopher and Nevis, scheduled for 3 rd March 2025 to allow counsel for the appellant to continue to take instructions on the progress of this matter. Reason: Counsel for the appellant indicated that the parties have been in discussions in relation to the matter, however, these discussions are still ongoing. Case Name: Jahari Bart v The King [SKBHCRAP2017/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow counsel for the appellant to make the necessary applications for the appellant to be granted legal aid and for the appellant to amend the grounds of appeal. Reason: Counsel indicated that she will to make an application for a state assignment or legal aid in this matter as well as an application to amend the grounds of appeal. The respondent had no objections to an adjournment. Case Name: Sylvester James v Director of Public Prosecutions [SKBHCRAP2019/0012] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps in relation to his legal representation. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed time to seek legal representation. Case Name: Reece Walters v Director of Public Prosecutions [SKBHCRAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to retain counsel. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain counsel. Brandon-Lee Wells v Director of Public Prosecutions [SKBHCRAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the Registrar of the High Court to serve a copy of Record of Appeal on the parties and to allow the appellant to make the necessary application to be assigned legal counsel for this appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: Counsel who represented the appellant at first instance indicated that he was not in a position to represent the appellant but indicated that Mr. Perry Joseph had undertaken to take the matter. The appellant therefore requested more time to sort out his legal representation. Case Name: Augustus Freeman v Director of Public Prosecutions [SKBHCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to sort out his legal representation. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain a counsel. Case Name: Denny Harris v Director of Public Prosecutions [SKBHCRAP2022/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the indication from the appellant that he no longer wishes to prosecute the appeal, the appellant shall take the necessary steps to file a Notice of Abandonment in accordance with section 59(1) of the Court of Appeal Rules 1968. The registrar of the High Court shall assist the appellant in obtaining a copy of the Criminal Form 15 and having the same filed at the court office. If paragraph 1 of the order is not complied with, the matter shall be listed for the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for rd March 2025 . Reason: The appellant indicated that he no longer wished to pursue the appeal as he had already served his time. Therefore, the Court adjourned the matter to allow the appellant to file a notice of abandonment. Case Name: Orvis Kasim Pogson v Director of Public Prosecutions [SKBHCRAP2022/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025 to allow counsel for the appellant to take the necessary steps to review the record and make any applications as necessary, as well to make an application to be assigned as counsel for the appellant in this matter. Reason: Counsel requested time to review the Record of Appeal and to make any applications which may be necessary. Counsel also requested time to make an application to be assigned as legal counsel for the appellant. Case Name: Derrick Hazel v Karen Hill- Hector [SKBMCRAP2020/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant is at liberty to file and serve written submissions with authorities on or before 5 th December 2024. The respondent shall file and serve written submissions with authorities on or before 6 th January 2025. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21 st January 2025. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he did not intend to retain legal counsel and wished to proceed with the prosecution of the appeal on his own. Further there were no steps taken by the State in relation to the named respondent who they asserted was not the appropriate party to the proceedings. Not wishing to delay the hearing of the appeal any further, the respondent did not object to receiving directions to progress the appeal. Case Name: Desue Danny McFarlane v The Chief of Police [SKBMCRAP2023/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to finalise his legal representation. Reason: The Court noted that the Record of Appeal had been filed but no submissions. Counsel for the appellant indicated that he had recently been retained and that he and his client were still working out their retainer arrangement. Case Name: Michael Jack v The Chief of Police [ SKBMCRAP2023/0008 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant is at liberty to file and serve written submissions with authorities on or before 5 th December 2024.
2.The respondent shall file and serve written submissions with authorities on or before 6 th January 2025.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21 st January 2025.
4.The appeal will be listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis, on a date to be fixed by the Chief Registrar on the matter being ready for hearing.
5.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he wished to represent himself and wanted to proceed with the matter. Case Name: Rayjorn Richards v The Chief of Police [ SKBMCRAP2024/0001 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Dollrita Cato Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to act in person. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court was informed by Ms. Dollrita Cato that the appellant had indicated that he wished to retain new counsel, however the appellant indicated that he wished to prosecute the appeal himself. Case Name: Glennis Small v The Licensing Authority [ SKBMCRAP2023/0001 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Vaughan Henderson Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall provide proof of service of the notice of appeal and authorization code on the respondent.
2.The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025. Reason: The Court noted that the record of appeal and an amended record of appeal had been filed however no submissions had been filed. Counsel for the respondent however indicated that he had not had time to review the record of appeal as he had not been able to access the E-Litigation Portal and requested an adjournment. Case Name: Cozier and Associates International Limited v The Social Security Board [ NEVMCVAP2022/0005 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. JeNise Carty Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall file and serve written submissions with authorities on or before 13 th December 2024.
2.The respondent shall file and serve written submissions with authorities on or before 13 th January 2025.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 28 th January 2025.
4.This appeal will be Listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing.
5.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court, upon noting that the Record of Appeal had been completed, gave directions for the progression of the appeal. Case Name: Abdul Ahmed v Fern Hanley [ NEVMCVAP2023/0002 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to complete the arrangements for his legal representation.
2.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel indicated that he had not been fully retained by the appellant as yet as the appellant was settling some issues in relation to his retainer. Case Name: Mellissa Wigley v Glenson Hobson [ SKBMCVAP2020/0007 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025.
3.The Registrar of the High Court is directed to serve a copy of this order on the respondent and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal, noting also that the magistrate who dealt with the matter was no longer a sitting magistrate. The matter was adjourned to allow the Magistrate’s Court time to file the Record of Appeal Case Name: Mechiel Francis v Kwesi Adams [SKBMCVAP2019/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025.
3.The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal. Case Name: Arnold Adams v
[1]Austawaki Coker
[2]Austin Coker [SKBMCVAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Zenitaa Singh Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal. Case Name: Austin Edinborough v Selwyn Matthew [SKBMCVAP2020/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Saundra Hector holding papers for Mr. Patrice Nisbett Respondent: Ms. Chante Francis Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of in Saint Kitts and Nevis scheduled for 3 rd March 2025. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal.
PDF extraction
THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT CHRISTOPHER AND NEVIS Monday 4th November 2024 Case Name: Hazel Ross-Robinson v The Attorney General [SKBHCVAP2019/0018] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Sasha Lloyd Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The notice of discontinuance, having been filed on 16th October 2024, the appeal is accordingly dismissed. Reason: The Court was informed that the parties had reached a settlement position. A notice of discontinuance was accordingly filed on 16th October 2024. The appeal was therefore deemed dismissed. Case Name: Shawn Richards v Nigel Carty [SKBHCVAP2020/0013] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of St Kitts and Nevis scheduled for 3rd March 2025 to allow for the necessary arrangements to be made for a change of Solicitor on behalf of the appellant. Reason: At the last status hearing, counsel for the appellant indicated that he intended to file a notice of change of solicitor. However, as at the date of the present status hearing, no application for a change of solicitor had been filed. Case Name: Shefton Crosse v Victor Williams [SKBHCVAP2020/0031] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 4. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name:
[1]Pinneys Hotel Development Limited
[2]The Nevis Club Company Limited v [1] Alexis Jeffers [2] Theodore Hobson
[3]Nevis Island Administration [SKBHCVAP2020/0011] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Ms. Kurlyn Merchant for the 2nd respondent Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners for the 1st and 3rd respondents Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 1. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Pinneys Hotel Development Limited v Alexis Jeffers [SKBHCVAP2020/0027] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. 4. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Attorney General of Saint Christopher and Nevis v Shaheed Williams [SKBHCVAP2020/0021] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sasha Lloyd Respondents: In person Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve the Record of Appeal on or before 29th November 2024. 2. The matter shall thereafter proceed in accordance with the Civil Procedure Rules, (Revised Edition) 2023. 3. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The respondent indicated that he intends to engage counsel to represent him in the matter. Additionally, counsel for the appellant indicated they intended to file the Record of Appeal within 4 weeks. Case Name: Regulator of International Banking v [1] Petrodel Investment Advisers (Nevis) Limited [2] Michael J Prest [3] Bank of Nevis International Limited [NEVHCVAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jean Dyer Respondents: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve the amended record of appeal on or before 20th November 2024. 2. The appellant shall file and serve written submissions with authorities on or before 2nd December 2024. 3. The respondent shall file and serve written submissions with authorities on or before 31st December 2024. 4. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 15th January 2025. 5. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The transcript being ready, the Court made orders for the progression of the appeal. Case Name: Melvena Kelly v The King [SKBHCRAP2012/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. Henry Browne KC Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for the Federation of Saint Christopher and Nevis, scheduled for 3rd March 2025 to allow counsel for the appellant to continue to take instructions on the progress of this matter. Reason: Counsel for the appellant indicated that the parties have been in discussions in relation to the matter, however, these discussions are still ongoing. Case Name: Jahari Bart v The King [SKBHCRAP2017/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow counsel for the appellant to make the necessary applications for the appellant to be granted legal aid and for the appellant to amend the grounds of appeal. Reason: Counsel indicated that she will to make an application for a state assignment or legal aid in this matter as well as an application to amend the grounds of appeal. The respondent had no objections to an adjournment. Case Name: Sylvester James v Director of Public Prosecutions [SKBHCRAP2019/0012] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps in relation to his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed time to seek legal representation. Case Name: Reece Walters v Director of Public Prosecutions [SKBHCRAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to retain counsel. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain counsel. Brandon-Lee Wells v Director of Public Prosecutions [SKBHCRAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the Registrar of the High Court to serve a copy of Record of Appeal on the parties and to allow the appellant to make the necessary application to be assigned legal counsel for this appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: Counsel who represented the appellant at first instance indicated that he was not in a position to represent the appellant but indicated that Mr. Perry Joseph had undertaken to take the matter. The appellant therefore requested more time to sort out his legal representation. Case Name: Augustus Freeman v Director of Public Prosecutions [SKBHCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to sort out his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain a counsel. Case Name: Denny Harris v Director of Public Prosecutions [SKBHCRAP2022/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting the indication from the appellant that he no longer wishes to prosecute the appeal, the appellant shall take the necessary steps to file a Notice of Abandonment in accordance with section 59(1) of the Court of Appeal Rules 1968. 2. The registrar of the High Court shall assist the appellant in obtaining a copy of the Criminal Form 15 and having the same filed at the court office. 3. If paragraph 1 of the order is not complied with, the matter shall be listed for the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. Reason: The appellant indicated that he no longer wished to pursue the appeal as he had already served his time. Therefore, the Court adjourned the matter to allow the appellant to file a notice of abandonment. Case Name: Orvis Kasim Pogson v Director of Public Prosecutions [SKBHCRAP2022/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025 to allow counsel for the appellant to take the necessary steps to review the record and make any applications as necessary, as well to make an application to be assigned as counsel for the appellant in this matter. Reason: Counsel requested time to review the Record of Appeal and to make any applications which may be necessary. Counsel also requested time to make an application to be assigned as legal counsel for the appellant. Case Name: Derrick Hazel v Karen Hill- Hector [SKBMCRAP2020/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions with authorities on or before 5th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 6th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21st January 2025. 4. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he did not intend to retain legal counsel and wished to proceed with the prosecution of the appeal on his own. Further there were no steps taken by the State in relation to the named respondent who they asserted was not the appropriate party to the proceedings. Not wishing to delay the hearing of the appeal any further, the respondent did not object to receiving directions to progress the appeal. Case Name: Desue Danny McFarlane v The Chief of Police [SKBMCRAP2023/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to finalise his legal representation. Reason: The Court noted that the Record of Appeal had been filed but no submissions. Counsel for the appellant indicated that he had recently been retained and that he and his client were still working out their retainer arrangement. Case Name: Michael Jack v The Chief of Police [SKBMCRAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions with authorities on or before 5th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 6th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21st January 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he wished to represent himself and wanted to proceed with the matter. Case Name: Rayjorn Richards v The Chief of Police [SKBMCRAP2024/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Dollrita Cato Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to act in person. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court was informed by Ms. Dollrita Cato that the appellant had indicated that he wished to retain new counsel, however the appellant indicated that he wished to prosecute the appeal himself. Case Name: Glennis Small v The Licensing Authority [SKBMCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Vaughan Henderson Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall provide proof of service of the notice of appeal and authorization code on the respondent. 2. The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3rd March 2025. Reason: The Court noted that the record of appeal and an amended record of appeal had been filed however no submissions had been filed. Counsel for the respondent however indicated that he had not had time to review the record of appeal as he had not been able to access the E-Litigation Portal and requested an adjournment. Case Name: Cozier and Associates International Limited v The Social Security Board [NEVMCVAP2022/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. JeNise Carty Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 13th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 13th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 28th January 2025. 4. This appeal will be Listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court, upon noting that the Record of Appeal had been completed, gave directions for the progression of the appeal. Case Name: Abdul Ahmed v Fern Hanley [NEVMCVAP2023/0002] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025 to allow the appellant to take the necessary steps to complete the arrangements for his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel indicated that he had not been fully retained by the appellant as yet as the appellant was settling some issues in relation to his retainer. Case Name: Mellissa Wigley v Glenson Hobson [SKBMCVAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the respondent and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal, noting also that the magistrate who dealt with the matter was no longer a sitting magistrate. The matter was adjourned to allow the Magistrate’s Court time to file the Record of Appeal Case Name: Mechiel Francis v Kwesi Adams [SKBMCVAP2019/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal. Case Name: Arnold Adams v [1] Austawaki Coker [2] Austin Coker [SKBMCVAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Zenitaa Singh Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non- compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3rd March 2025. 3. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal. Case Name: Austin Edinborough v Selwyn Matthew [SKBMCVAP2020/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Saundra Hector holding papers for Mr. Patrice Nisbett Respondent: Ms. Chante Francis Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court for the Federation of in Saint Kitts and Nevis scheduled for 3rd March 2025. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal.
WordPress
THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT CHRISTOPHER AND NEVIS Monday 4 th November 2024 Case Name: Hazel Ross-Robinson v The Attorney General [SKBHCVAP2019/0018] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Sasha Lloyd Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The notice of discontinuance, having been filed on 16 th October 2024, the appeal is accordingly dismissed. Reason: The Court was informed that the parties had reached a settlement position. A notice of discontinuance was accordingly filed on 16 th October 2024. The appeal was therefore deemed dismissed. Case Name: Shawn Richards v Nigel Carty [SKBHCVAP2020/0013] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of St Kitts and Nevis scheduled for 3 rd March 2025 to allow for the necessary arrangements to be made for a change of Solicitor on behalf of the appellant. Reason: At the last status hearing, counsel for the appellant indicated that he intended to file a notice of change of solicitor. However, as at the date of the present status hearing, no application for a change of solicitor had been filed. Case Name: Shefton Crosse v Victor Williams [SKBHCVAP2020/0031] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
[1]Pinneys Hotel Development Limited
[2]The Nevis Club Company Limited v
[3]Nevis Island Administration [SKBHCVAP2020/0011] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Ms. Kurlyn Merchant for the 2 nd respondent Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners for the 1 st and 3 rd respondents Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
4.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name:
[1]Alexis Jeffers
[2]Theodore Hobson
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
1.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Pinneys Hotel Development Limited v Alexis Jeffers [SKBHCVAP2020/0027] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Janicia Hodge and Mrs. Shyra Wattley- Manners Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the transcript.
3.The matter will be re-listed at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.
4.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the transcript of the proceedings had not yet been prepared. Case Name: Attorney General of Saint Christopher and Nevis v Shaheed Williams [SKBHCVAP2020/0021] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sasha Lloyd Respondents: In person Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall file and serve the Record of Appeal on or before 29 th November 2024.
2.The matter shall thereafter proceed in accordance with the Civil Procedure Rules, (Revised Edition) 2023.
3.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The respondent indicated that he intends to engage counsel to represent him in the matter. Additionally, counsel for the appellant indicated they intended to file the Record of Appeal within 4 weeks. Case Name: Regulator of International Banking v
[1]Petrodel Investment Advisers (Nevis) Limited
[2]Michael J Prest
[3]Bank of Nevis International Limited [NEVHCVAP2023/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jean Dyer Respondents: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED:
1.The appellant shall file and serve the amended record of appeal on or before 20 th November 2024.
2.The appellant shall file and serve written submissions with authorities on or before 2 nd December 2024.
3.The respondent shall file and serve written submissions with authorities on or before 31 st December 2024.
4.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 15 th January 2025.
5.The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The transcript being ready, the Court made orders for the progression of the appeal. Case Name: Melvena Kelly v The King [SKBHCRAP2012/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. Henry Browne KC Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for the Federation of Saint Christopher and Nevis, scheduled for 3 rd March 2025 to allow counsel for the appellant to continue to take instructions on the progress of this matter. Reason: Counsel for the appellant indicated that the parties have been in discussions in relation to the matter, however, these discussions are still ongoing. Case Name: Jahari Bart v The King [SKBHCRAP2017/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow counsel for the appellant to make the necessary applications for the appellant to be granted legal aid and for the appellant to amend the grounds of appeal. Reason: Counsel indicated that she will to make an application for a state assignment or legal aid in this matter as well as an application to amend the grounds of appeal. The respondent had no objections to an adjournment. Case Name: Sylvester James v Director of Public Prosecutions [SKBHCRAP2019/0012] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps in relation to his legal representation. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed time to seek legal representation. Case Name: Reece Walters v Director of Public Prosecutions [SKBHCRAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to retain counsel. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain counsel. Brandon-Lee Wells v Director of Public Prosecutions [SKBHCRAP2020/0007] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the Registrar of the High Court to serve a copy of Record of Appeal on the parties and to allow the appellant to make the necessary application to be assigned legal counsel for this appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: Counsel who represented the appellant at first instance indicated that he was not in a position to represent the appellant but indicated that Mr. Perry Joseph had undertaken to take the matter. The appellant therefore requested more time to sort out his legal representation. Case Name: Augustus Freeman v Director of Public Prosecutions [SKBHCRAP2023/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to sort out his legal representation. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he needed more time to retain a counsel. Case Name: Denny Harris v Director of Public Prosecutions [SKBHCRAP2022/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the indication from the appellant that he no longer wishes to prosecute the appeal, the appellant shall take the necessary steps to file a Notice of Abandonment in accordance with section 59(1) of the Court of Appeal Rules 1968. The registrar of the High Court shall assist the appellant in obtaining a copy of the Criminal Form 15 and having the same filed at the court office. If paragraph 1 of the order is not complied with, the matter shall be listed for the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for rd March 2025 . Reason: The appellant indicated that he no longer wished to pursue the appeal as he had already served his time. Therefore, the Court adjourned the matter to allow the appellant to file a notice of abandonment. Case Name: Orvis Kasim Pogson v Director of Public Prosecutions [SKBHCRAP2022/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025 to allow counsel for the appellant to take the necessary steps to review the record and make any applications as necessary, as well to make an application to be assigned as counsel for the appellant in this matter. Reason: Counsel requested time to review the Record of Appeal and to make any applications which may be necessary. Counsel also requested time to make an application to be assigned as legal counsel for the appellant. Case Name: Derrick Hazel v Karen Hill- Hector [SKBMCRAP2020/0001] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant is at liberty to file and serve written submissions with authorities on or before 5 th December 2024. The respondent shall file and serve written submissions with authorities on or before 6 th January 2025. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21 st January 2025. The appeal will be fixed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he did not intend to retain legal counsel and wished to proceed with the prosecution of the appeal on his own. Further there were no steps taken by the State in relation to the named respondent who they asserted was not the appropriate party to the proceedings. Not wishing to delay the hearing of the appeal any further, the respondent did not object to receiving directions to progress the appeal. Case Name: Desue Danny McFarlane v The Chief of Police [SKBMCRAP2023/0005] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to finalise his legal representation. Reason: The Court noted that the Record of Appeal had been filed but no submissions. Counsel for the appellant indicated that he had recently been retained and that he and his client were still working out their retainer arrangement. Case Name: Michael Jack v The Chief of Police [ SKBMCRAP2023/0008 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant is at liberty to file and serve written submissions with authorities on or before 5 th December 2024.
2.The respondent shall file and serve written submissions with authorities on or before 6 th January 2025.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 21 st January 2025.
4.The appeal will be listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis, on a date to be fixed by the Chief Registrar on the matter being ready for hearing.
5.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The appellant indicated that he wished to represent himself and wanted to proceed with the matter. Case Name: Rayjorn Richards v The Chief of Police [ SKBMCRAP2024/0001 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Dollrita Cato Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to act in person. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court was informed by Ms. Dollrita Cato that the appellant had indicated that he wished to retain new counsel, however the appellant indicated that he wished to prosecute the appeal himself. Case Name: Glennis Small v The Licensing Authority [ SKBMCRAP2023/0001 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Vaughan Henderson Respondent: Mr. Leslie Roberts Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall provide proof of service of the notice of appeal and authorization code on the respondent.
2.The matter is adjourned to the next status hearing of the Court of Appeal for the Federation of St. Kitts and Nevis scheduled for 3 rd March 2025. Reason: The Court noted that the record of appeal and an amended record of appeal had been filed however no submissions had been filed. Counsel for the respondent however indicated that he had not had time to review the record of appeal as he had not been able to access the E-Litigation Portal and requested an adjournment. Case Name: Cozier and Associates International Limited v The Social Security Board [ NEVMCVAP2022/0005 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. JeNise Carty Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall file and serve written submissions with authorities on or before 13 th December 2024.
2.The respondent shall file and serve written submissions with authorities on or before 13 th January 2025.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 28 th January 2025.
4.This appeal will be Listed for hearing at a Court of Appeal sitting for the Federation of St. Kitts and Nevis on a date to be fixed by the Chief Registrar on the matter being ready for hearing.
5.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court, upon noting that the Record of Appeal had been completed, gave directions for the progression of the appeal. Case Name: Abdul Ahmed v Fern Hanley [ NEVMCVAP2023/0002 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Craig Tuckett Respondent: No appearance Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next status hearing of the court of appeal for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025 to allow the appellant to take the necessary steps to complete the arrangements for his legal representation.
2.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel indicated that he had not been fully retained by the appellant as yet as the appellant was settling some issues in relation to his retainer. Case Name: Mellissa Wigley v Glenson Hobson [ SKBMCVAP2020/0007 ] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Natasha Grey-Brookes Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025.
3.The Registrar of the High Court is directed to serve a copy of this order on the respondent and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal, noting also that the magistrate who dealt with the matter was no longer a sitting magistrate. The matter was adjourned to allow the Magistrate’s Court time to file the Record of Appeal Case Name: Mechiel Francis v Kwesi Adams [SKBMCVAP2019/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025.
3.The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Magistrate’s Court had not filed the Record of Appeal. Case Name: Arnold Adams v
[1]Austawaki Coker
[2]Austin Coker [SKBMCVAP2020/0006] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Zenitaa Singh Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed. The matter is adjourned to the next status hearing of the court for the Federation of Saint Kitts and Nevis scheduled for 3 rd March 2025. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal. Case Name: Austin Edinborough v Selwyn Matthew [SKBMCVAP2020/0008] (SAINT CHRISTOPHER AND NEVIS) Date: Monday, 4th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Saundra Hector holding papers for Mr. Patrice Nisbett Respondent: Ms. Chante Francis Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 14 th February 2025, failing which an affidavit giving reasons for the non-compliance shall be filed.
2.The matter is adjourned to the next status hearing of the court for the Federation of in Saint Kitts and Nevis scheduled for 3 rd March 2025. Reason: The Court noted that no other steps had been taken after filing the notice of appeal in December 2020 including the Record of Appeal. The Court therefore gave directions with the aim of progressing the appeal.
| Run | Started | Status | Method | Paragraphs |
|---|---|---|---|---|
| 9993 | 2026-06-21 17:15:46.299425+00 | ok | pymupdf_layout_text | 4 |
| 655 | 2026-06-21 08:10:42.316933+00 | ok | pymupdf_text | 580 |