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Status Hearing – 23rd September 2024

2024-09-23
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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANTIGUA AND BARBUDA VIDEOCONFERENCE Monday, 23rd September 2024 Case Name: Brit Syndicates Limited v Ashley Hanley [ANUHCVAP2024/0009] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Applicant: Mr. Kendrickson Kentish Respondent: Ms. Sherrie-Ann Bradshaw holding a watching brief Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal filed on 29th February 2024 is adjourned to the next status hearing of the Court of Appeal for Antigua and Barbuda scheduled for 17th February 2025, for report, to allow the parties to engage in settlement discussions. Reason: Counsel for the applicant indicated that the parties were attempting to resolve the issues in dispute through mediation and sought an adjournment pending the filing of a report from the outcome of mediation. Case Name: Police Service Commission v Wendell Glenroy Robinson [ANUHCVAP2018/0037] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to request the transcript of proceedings in the court below from the Registrar of the High Court on or before 30th September 2024. 2. The matter shall thereafter proceed in an accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that the parties are awaiting a judgment from the court below in relation to another matter involving the parties which would have bearing on this matter, and requested that the matter be adjourned to the next Status Hearing. The respondent objected to this request and asked that the court give directions to progress the matter. Ultimately, the Court determined that the matter should proceed. Case Name: Carmen Antonio v Antigua Public Utilities Authority [ANULTAP2018/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: Mr. Kyle Nicholson holding papers for Ms. Michelle Sterling Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to collect the transcript of proceedings from the Registrar of the High Court, on or before 8th October 2024, notice having been given of its availability. 2. The respondent shall inform the appellant of the documents they wish to be included in the record of appeal in accordance with rule 62.15(2) Civil Procedure Rules, (Revised Edition) 2023 on or before 22nd October 2024. 3. The matter shall thereafter proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that he had only recently been retained and that he would take the necessary steps to obtain the transcript for the preparation of the record of appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 23rd September 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: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that there was no appearance of the parties, the matter is adjourned to the next status hearing of the court scheduled for 17th February 2025 for the appellant to be present to indicate whether she is still interested in prosecuting this appeal. 2. 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 there was no appearance by the parties and adjourned the matter to the next status hearing to allow the appellant to indicate whether she is still interested in prosecuting the appeal. Case Name: Antigua Commercial Bank v Oliver Christian [ANUHLTAP2020/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kema Benjamin Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court for the state of Antigua and Barbuda scheduled for 17th February 2025 to allow counsel for the appellant to take instructions in relation to the progress of the appeal and for the respondent to seek legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the parties and provide proof of service thereafter. Reason: The Court adjourned the matter to the next status hearing to allow counsel for the appellant to take further instructions and to allow the respondent to regularise his legal representation. Case Name:

[1]Flat Point Development Limited

[2]Emerald Cove Consortium Limited v Fairlight Limited [ANUHCVAP2020/0040] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 11th December 2020 on the respondent. 2. The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court noted that it had not been provided with proof of service of the notice of appeal on the respondent and the matter was removed from the status hearing list pending receipt of such proof. Case Name: Colin Murraine v The King [ANUHCRAP2020/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025 to allow the appellant to take the necessary steps to make an application for the waiver of fees for the transcript of proceedings in the court below. Reason: Counsel for the appellant indicated that he wished to make an application for a waiver of fees for the transcript and the matter was adjourned to allow him to do so. Case Name: Errol Barnes v The King [ANUHCRAP2017/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 20th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 17th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3rd February 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Facundo Guerrero v The King [ANUHCRAP2018/0012] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 6th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 31st January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 13th February 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant requested directions to allow the appeal to be heard at the next sitting of the Court of Appeal. Case Name: Joseph Peters v The King [ANUHCRAP2018/0001] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 6th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 31st January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 10th February 2025. 4. The appeal will be listed for hearing at the Court of Appeal sitting for the State of Antigua and Barbuda, during the week commencing 24th February 2025. 5. This is the final adjournment for the purpose of filing written submissions. Reason: Counsel for the appellant requested that fresh directions be given for the filing of submissions. Case Name: Shelton Hunte v The King [ANUHCRAP2018/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant has failed to comply with the order of Ellis JA dated 28th May 2024, the appellant shall complete and file a copy of the form set out in the Schedule to this Order on or before 8th October 2024. 2. The Registrar of the High Court shall assist the appellant in ensuring that the form is received from the appellant for filing. 3. The matter is removed from the status hearing list pending the hearing of the applications for a waiver of fees for the transcript of proceedings, advanced by Sandra Hunte the mother of appellant, filed on 21st September 2020; and the application for an extension of time to pay for the transcript of proceedings filed on 27th November 2020. Reason: The Court noted that the appellant had failed to comply with a previous order of the Court and the matter was removed from the status hearing list to allow him to comply. The Form was attached as a Schedule to the order. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 23rd September 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 matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 14th June 2018 on the respondent. 2. The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court removed the matter from the status hearing list pending receipt of proof of service of the notice of appeal on the respondent. Case Name: Marwan Chehadeh v The Commissioner of Police [ANUMCRAP2019/0001] Date: Monday, 23rd September 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 matter is removed from the status hearing list until the appellant provides proof of service of the Notice of appeal filed on 7th March 2019 on the respondent. 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 noted that the notice of appeal had not been served on the respondent and the matter was removed from the list until such service is effected. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Arthur Bryan Thomas Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the order of Blenman JA dated 22nd September 2020, whereby the application for an extension of time within which to appeal filed by the appellant on 23rd September 2019, was dismissed, there is no proper appeal before this court. Reason: The Court noted that the application filed by the appellant for an extension of time within which to appeal was dismissed by the court. Therefore, there is no proper appeal before this Court. The matter was accordingly removed from the list. Case Name: Careem Bedminister v [1] Arlene Simmons [2] Damian Simmons [ANUMCVAP2021/0001] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cherissa Roberts Thomas Respondents: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Chief Magistrate shall provide the High Court Office with the Record of Appeal in this matter on or before 29th November, 2024, failing which an affidavit shall be provided stating the reason for non-compliance. 2. The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025. 3. The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that the parties have yet to receive the transcript and the written judgment from the Magistrate’s Court. The matter was accordingly adjourned. Case Name: Kharim Baptiste v Narissa Browne [ANUMCVAP2020/0002] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kyrah Carr Respondent: Ms. Sherrie-Ann Bradshaw Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Director of the Family and Social Services Division in Antigua and Barbuda shall provide an affidavit giving an update on the status of the social inquiry reports for the appellant and the respondent on or before 17th January 2025. 2. The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025. 3. The Registrar of the High Court shall serve a copy of this order on The Director of Family and Social Services Division in Antigua and Barbuda and provide proof of service thereafter. Reason: Counsel for the parties indicated that they have still not received the social inquiry reports and the matter was adjourned to allow the Director of the Family and Social Services Division to provide an update. Case Name: [1] Hakeem Joseph [2] June Joseph v Meryl Ferracho [ANUMCVAP2019/0016] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Dr. David Dorsett Respondent: Ms. Kyrah Carr holding papers for Ms. Arnelle Michael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 15th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 16th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6th January 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Delvia Pierre v [1] Tywann Morris [2] Tenjiah Morris [ANUMCVAP2018/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Anthony Victor Respondent: Mr. Kyle Nicholson Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on or before 27th September 2024. 2. The matter is adjourned to the next status hearing of the court of appeal for the state of Antigua and Barbuda scheduled for 17th February 2025. Reason: The Court noted that it was necessary to make an order for service of the notice of appeal.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANTIGUA AND BARBUDA VIDEOCONFERENCE Monday, 23 rd September 2024 Case Name: Brit Syndicates Limited v Ashley Hanley [ANUHCVAP2024/0009] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Applicant: Mr. Kendrickson Kentish Respondent: Ms. Sherrie-Ann Bradshaw holding a watching brief Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal filed on 29 th February 2024 is adjourned to the next status hearing of the Court of Appeal for Antigua and Barbuda scheduled for 17 th February 2025, for report, to allow the parties to engage in settlement discussions. Reason: Counsel for the applicant indicated that the parties were attempting to resolve the issues in dispute through mediation and sought an adjournment pending the filing of a report from the outcome of mediation. Case Name: Police Service Commission v Wendell Glenroy Robinson [ANUHCVAP2018/0037] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall take the necessary steps to request the transcript of proceedings in the court below from the Registrar of the High Court on or before 30 th September 2024.

2.The matter shall thereafter proceed in an accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that the parties are awaiting a judgment from the court below in relation to another matter involving the parties which would have bearing on this matter, and requested that the matter be adjourned to the next Status Hearing. The respondent objected to this request and asked that the court give directions to progress the matter. Ultimately, the Court determined that the matter should proceed. Case Name: Carmen Antonio v Antigua Public Utilities Authority [ANULTAP2018/0003] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: Mr. Kyle Nicholson holding papers for Ms. Michelle Sterling Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall take the necessary steps to collect the transcript of proceedings from the Registrar of the High Court, on or before 8 th October 2024, notice having been given of its availability.

2.The respondent shall inform the appellant of the documents they wish to be included in the record of appeal in accordance with rule 62.15(2) Civil Procedure Rules, (Revised Edition) 2023 on or before 22 nd October 2024.

3.The matter shall thereafter proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that he had only recently been retained and that he would take the necessary steps to obtain the transcript for the preparation of the record of appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 23 rd September 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: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that there was no appearance of the parties, the matter is adjourned to the next status hearing of the court scheduled for 17 th February 2025 for the appellant to be present to indicate whether she is still interested in prosecuting this appeal.

2.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 there was no appearance by the parties and adjourned the matter to the next status hearing to allow the appellant to indicate whether she is still interested in prosecuting the appeal. Case Name: Antigua Commercial Bank v Oliver Christian [ANUHLTAP2020/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kema Benjamin Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing of the court for the state of Antigua and Barbuda scheduled for 17 th February 2025 to allow counsel for the appellant to take instructions in relation to the progress of the appeal and for the respondent to seek legal representation.

2.The Registrar of the High Court shall serve a copy of this order on the parties and provide proof of service thereafter. Reason: The Court adjourned the matter to the next status hearing to allow counsel for the appellant to take further instructions and to allow the respondent to regularise his legal representation. Case Name:

[1]Flat Point Development Limited

[2]Emerald Cove Consortium Limited v Fairlight Limited [ANUHCVAP2020/0040] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 11 th December 2020 on the respondent.

2.The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court noted that it had not been provided with proof of service of the notice of appeal on the respondent and the matter was removed from the status hearing list pending receipt of such proof. Case Name: Colin Murraine v The King [ANUHCRAP2020/0003] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025 to allow the appellant to take the necessary steps to make an application for the waiver of fees for the transcript of proceedings in the court below. Reason: Counsel for the appellant indicated that he wished to make an application for a waiver of fees for the transcript and the matter was adjourned to allow him to do so. Case Name: Errol Barnes v The King [ANUHCRAP2017/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 20 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 17 th January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3 rd February 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Facundo Guerrero v The King [ANUHCRAP2018/0012] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 6 th December 2024.

2.The respondent shall file and serve written submissions with authorities on or before 31 st January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 13 th February 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant requested directions to allow the appeal to be heard at the next sitting of the Court of Appeal. Case Name: Joseph Peters v The King [ANUHCRAP2018/0001] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 6 th December 2024.

2.The respondent shall file and serve written submissions with authorities on or before 31 st January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 10 th February 2025.

4.The appeal will be listed for hearing at the Court of Appeal sitting for the State of Antigua and Barbuda, during the week commencing 24 th February 2025.

5.This is the final adjournment for the purpose of filing written submissions. Reason: Counsel for the appellant requested that fresh directions be given for the filing of submissions. Case Name: Shelton Hunte v The King [ANUHCRAP2018/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant has failed to comply with the order of Ellis JA dated 28 th May 2024, the appellant shall complete and file a copy of the form set out in the Schedule to this Order on or before 8 th October 2024.

2.The Registrar of the High Court shall assist the appellant in ensuring that the form is received from the appellant for filing.

3.The matter is removed from the status hearing list pending the hearing of the applications for a waiver of fees for the transcript of proceedings, advanced by Sandra Hunte the mother of appellant, filed on 21 st September 2020; and the application for an extension of time to pay for the transcript of proceedings filed on 27 th November 2020. Reason: The Court noted that the appellant had failed to comply with a previous order of the Court and the matter was removed from the status hearing list to allow him to comply. The Form was attached as a Schedule to the order. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 23 rd September 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 matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 14 th June 2018 on the respondent.

2.The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court removed the matter from the status hearing list pending receipt of proof of service of the notice of appeal on the respondent. Case Name: Marwan Chehadeh v The Commissioner of Police [ANUMCRAP2019/0001] Date: Monday, 23 rd September 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 matter is removed from the status hearing list until the appellant provides proof of service of the Notice of appeal filed on 7 th March 2019 on the respondent.

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 noted that the notice of appeal had not been served on the respondent and the matter was removed from the list until such service is effected. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Arthur Bryan Thomas Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the order of Blenman JA dated 22 nd September 2020, whereby the application for an extension of time within which to appeal filed by the appellant on 23 rd September 2019, was dismissed, there is no proper appeal before this court. Reason: The Court noted that the application filed by the appellant for an extension of time within which to appeal was dismissed by the court. Therefore, there is no proper appeal before this Court. The matter was accordingly removed from the list. Case Name: Careem Bedminister v

[1]Arlene Simmons

[2]Damian Simmons [ANUMCVAP2021/0001] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cherissa Roberts Thomas Respondents: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall provide the High Court Office with the Record of Appeal in this matter on or before 29 th November, 2024, failing which an affidavit shall be provided stating the reason for non-compliance.

2.The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025.

3.The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that the parties have yet to receive the transcript and the written judgment from the Magistrate’s Court. The matter was accordingly adjourned. Case Name: Kharim Baptiste v Narissa Browne [ANUMCVAP2020/0002] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kyrah Carr Respondent: Ms. Sherrie-Ann Bradshaw Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Director of the Family and Social Services Division in Antigua and Barbuda shall provide an affidavit giving an update on the status of the social inquiry reports for the appellant and the respondent on or before 17 th January 2025 .

2.The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025.

3.The Registrar of the High Court shall serve a copy of this order on The Director of Family and Social Services Division in Antigua and Barbuda and provide proof of service thereafter. Reason: Counsel for the parties indicated that they have still not received the social inquiry reports and the matter was adjourned to allow the Director of the Family and Social Services Division to provide an update. Case Name:

[1]Hakeem Joseph

[2]June Joseph v Meryl Ferracho [ANUMCVAP2019/0016] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Dr. David Dorsett Respondent: Ms. Kyrah Carr holding papers for Ms. Arnelle Michael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 15 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 16 th December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6 th January 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Delvia Pierre v

[1]Tywann Morris

[2]Tenjiah Morris [ANUMCVAP2018/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Anthony Victor Respondent: Mr. Kyle Nicholson Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on or before 27 th September 2024.

2.The matter is adjourned to the next status hearing of the court of appeal for the state of Antigua and Barbuda scheduled for 17 th February 2025. Reason: The Court noted that it was necessary to make an order for service of the notice of appeal.

PDF extraction

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANTIGUA AND BARBUDA VIDEOCONFERENCE Monday, 23rd September 2024 Case Name: Brit Syndicates Limited v Ashley Hanley [ANUHCVAP2024/0009] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Applicant: Mr. Kendrickson Kentish Respondent: Ms. Sherrie-Ann Bradshaw holding a watching brief Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal filed on 29th February 2024 is adjourned to the next status hearing of the Court of Appeal for Antigua and Barbuda scheduled for 17th February 2025, for report, to allow the parties to engage in settlement discussions. Reason: Counsel for the applicant indicated that the parties were attempting to resolve the issues in dispute through mediation and sought an adjournment pending the filing of a report from the outcome of mediation. Case Name: Police Service Commission v Wendell Glenroy Robinson [ANUHCVAP2018/0037] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to request the transcript of proceedings in the court below from the Registrar of the High Court on or before 30th September 2024. 2. The matter shall thereafter proceed in an accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that the parties are awaiting a judgment from the court below in relation to another matter involving the parties which would have bearing on this matter, and requested that the matter be adjourned to the next Status Hearing. The respondent objected to this request and asked that the court give directions to progress the matter. Ultimately, the Court determined that the matter should proceed. Case Name: Carmen Antonio v Antigua Public Utilities Authority [ANULTAP2018/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: Mr. Kyle Nicholson holding papers for Ms. Michelle Sterling Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to collect the transcript of proceedings from the Registrar of the High Court, on or before 8th October 2024, notice having been given of its availability. 2. The respondent shall inform the appellant of the documents they wish to be included in the record of appeal in accordance with rule 62.15(2) Civil Procedure Rules, (Revised Edition) 2023 on or before 22nd October 2024. 3. The matter shall thereafter proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that he had only recently been retained and that he would take the necessary steps to obtain the transcript for the preparation of the record of appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 23rd September 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: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that there was no appearance of the parties, the matter is adjourned to the next status hearing of the court scheduled for 17th February 2025 for the appellant to be present to indicate whether she is still interested in prosecuting this appeal. 2. 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 there was no appearance by the parties and adjourned the matter to the next status hearing to allow the appellant to indicate whether she is still interested in prosecuting the appeal. Case Name: Antigua Commercial Bank v Oliver Christian [ANUHLTAP2020/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kema Benjamin Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court for the state of Antigua and Barbuda scheduled for 17th February 2025 to allow counsel for the appellant to take instructions in relation to the progress of the appeal and for the respondent to seek legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the parties and provide proof of service thereafter. Reason: The Court adjourned the matter to the next status hearing to allow counsel for the appellant to take further instructions and to allow the respondent to regularise his legal representation. Case Name:

[1]Flat Point Development Limited

[2]Emerald Cove Consortium Limited v Fairlight Limited [ANUHCVAP2020/0040] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 11th December 2020 on the respondent. 2. The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court noted that it had not been provided with proof of service of the notice of appeal on the respondent and the matter was removed from the status hearing list pending receipt of such proof. Case Name: Colin Murraine v The King [ANUHCRAP2020/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025 to allow the appellant to take the necessary steps to make an application for the waiver of fees for the transcript of proceedings in the court below. Reason: Counsel for the appellant indicated that he wished to make an application for a waiver of fees for the transcript and the matter was adjourned to allow him to do so. Case Name: Errol Barnes v The King [ANUHCRAP2017/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 20th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 17th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3rd February 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Facundo Guerrero v The King [ANUHCRAP2018/0012] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 6th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 31st January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 13th February 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant requested directions to allow the appeal to be heard at the next sitting of the Court of Appeal. Case Name: Joseph Peters v The King [ANUHCRAP2018/0001] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 6th December 2024. 2. The respondent shall file and serve written submissions with authorities on or before 31st January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 10th February 2025. 4. The appeal will be listed for hearing at the Court of Appeal sitting for the State of Antigua and Barbuda, during the week commencing 24th February 2025. 5. This is the final adjournment for the purpose of filing written submissions. Reason: Counsel for the appellant requested that fresh directions be given for the filing of submissions. Case Name: Shelton Hunte v The King [ANUHCRAP2018/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant has failed to comply with the order of Ellis JA dated 28th May 2024, the appellant shall complete and file a copy of the form set out in the Schedule to this Order on or before 8th October 2024. 2. The Registrar of the High Court shall assist the appellant in ensuring that the form is received from the appellant for filing. 3. The matter is removed from the status hearing list pending the hearing of the applications for a waiver of fees for the transcript of proceedings, advanced by Sandra Hunte the mother of appellant, filed on 21st September 2020; and the application for an extension of time to pay for the transcript of proceedings filed on 27th November 2020. Reason: The Court noted that the appellant had failed to comply with a previous order of the Court and the matter was removed from the status hearing list to allow him to comply. The Form was attached as a Schedule to the order. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 23rd September 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 matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 14th June 2018 on the respondent. 2. The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court removed the matter from the status hearing list pending receipt of proof of service of the notice of appeal on the respondent. Case Name: Marwan Chehadeh v The Commissioner of Police [ANUMCRAP2019/0001] Date: Monday, 23rd September 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 matter is removed from the status hearing list until the appellant provides proof of service of the Notice of appeal filed on 7th March 2019 on the respondent. 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 noted that the notice of appeal had not been served on the respondent and the matter was removed from the list until such service is effected. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Arthur Bryan Thomas Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the order of Blenman JA dated 22nd September 2020, whereby the application for an extension of time within which to appeal filed by the appellant on 23rd September 2019, was dismissed, there is no proper appeal before this court. Reason: The Court noted that the application filed by the appellant for an extension of time within which to appeal was dismissed by the court. Therefore, there is no proper appeal before this Court. The matter was accordingly removed from the list. Case Name: Careem Bedminister v [1] Arlene Simmons [2] Damian Simmons [ANUMCVAP2021/0001] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cherissa Roberts Thomas Respondents: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Chief Magistrate shall provide the High Court Office with the Record of Appeal in this matter on or before 29th November, 2024, failing which an affidavit shall be provided stating the reason for non-compliance. 2. The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025. 3. The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that the parties have yet to receive the transcript and the written judgment from the Magistrate’s Court. The matter was accordingly adjourned. Case Name: Kharim Baptiste v Narissa Browne [ANUMCVAP2020/0002] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kyrah Carr Respondent: Ms. Sherrie-Ann Bradshaw Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Director of the Family and Social Services Division in Antigua and Barbuda shall provide an affidavit giving an update on the status of the social inquiry reports for the appellant and the respondent on or before 17th January 2025. 2. The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17th February 2025. 3. The Registrar of the High Court shall serve a copy of this order on The Director of Family and Social Services Division in Antigua and Barbuda and provide proof of service thereafter. Reason: Counsel for the parties indicated that they have still not received the social inquiry reports and the matter was adjourned to allow the Director of the Family and Social Services Division to provide an update. Case Name: [1] Hakeem Joseph [2] June Joseph v Meryl Ferracho [ANUMCVAP2019/0016] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Dr. David Dorsett Respondent: Ms. Kyrah Carr holding papers for Ms. Arnelle Michael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 15th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 16th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6th January 2025. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Delvia Pierre v [1] Tywann Morris [2] Tenjiah Morris [ANUMCVAP2018/0004] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Anthony Victor Respondent: Mr. Kyle Nicholson Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on or before 27th September 2024. 2. The matter is adjourned to the next status hearing of the court of appeal for the state of Antigua and Barbuda scheduled for 17th February 2025. Reason: The Court noted that it was necessary to make an order for service of the notice of appeal.

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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANTIGUA AND BARBUDA VIDEOCONFERENCE Monday, 23 rd September 2024 Case Name: Brit Syndicates Limited v Ashley Hanley [ANUHCVAP2024/0009] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Applicant: Mr. Kendrickson Kentish Respondent: Ms. Sherrie-Ann Bradshaw holding a watching brief Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

[1]Flat Point Development Limited

[2]Emerald Cove Consortium Limited v Fairlight Limited [ANUHCVAP2020/0040] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal filed on 29 th February 2024 is adjourned to the next status hearing of the Court of Appeal for Antigua and Barbuda scheduled for 17 th February 2025, for report, to allow the parties to engage in settlement discussions. Reason: Counsel for the applicant indicated that the parties were attempting to resolve the issues in dispute through mediation and sought an adjournment pending the filing of a report from the outcome of mediation. Case Name: Police Service Commission v Wendell Glenroy Robinson [ANUHCVAP2018/0037] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall take the necessary steps to request the transcript of proceedings in the court below from the Registrar of the High Court on or before 30 th September 2024.

2.The matter shall thereafter proceed in an accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that the parties are awaiting a judgment from the court below in relation to another matter involving the parties which would have bearing on this matter, and requested that the matter be adjourned to the next Status Hearing. The respondent objected to this request and asked that the court give directions to progress the matter. Ultimately, the Court determined that the matter should proceed. Case Name: Carmen Antonio v Antigua Public Utilities Authority [ANULTAP2018/0003] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: Mr. Kyle Nicholson holding papers for Ms. Michelle Sterling Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall take the necessary steps to collect the transcript of proceedings from the Registrar of the High Court, on or before 8 th October 2024, notice having been given of its availability.

2.The respondent shall inform the appellant of the documents they wish to be included in the record of appeal in accordance with rule 62.15(2) Civil Procedure Rules, (Revised Edition) 2023 on or before 22 nd October 2024.

3.The matter shall thereafter proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Counsel for the appellant indicated that he had only recently been retained and that he would take the necessary steps to obtain the transcript for the preparation of the record of appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 23 rd September 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: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that there was no appearance of the parties, the matter is adjourned to the next status hearing of the court scheduled for 17 th February 2025 for the appellant to be present to indicate whether she is still interested in prosecuting this appeal.

2.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 there was no appearance by the parties and adjourned the matter to the next status hearing to allow the appellant to indicate whether she is still interested in prosecuting the appeal. Case Name: Antigua Commercial Bank v Oliver Christian [ANUHLTAP2020/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kema Benjamin Respondent: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing of the court for the state of Antigua and Barbuda scheduled for 17 th February 2025 to allow counsel for the appellant to take instructions in relation to the progress of the appeal and for the respondent to seek legal representation.

2.The Registrar of the High Court shall serve a copy of this order on the parties and provide proof of service thereafter. Reason: The Court adjourned the matter to the next status hearing to allow counsel for the appellant to take further instructions and to allow the respondent to regularise his legal representation. Case Name:

1.The matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 11 th December 2020 on the respondent.

2.The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court noted that it had not been provided with proof of service of the notice of appeal on the respondent and the matter was removed from the status hearing list pending receipt of such proof. Case Name: Colin Murraine v The King [ANUHCRAP2020/0003] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025 to allow the appellant to take the necessary steps to make an application for the waiver of fees for the transcript of proceedings in the court below. Reason: Counsel for the appellant indicated that he wished to make an application for a waiver of fees for the transcript and the matter was adjourned to allow him to do so. Case Name: Errol Barnes v The King [ANUHCRAP2017/0003] Date: Monday, 23rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 20 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 17 th January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3 rd February 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Facundo Guerrero v The King [ANUHCRAP2018/0012] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 6 th December 2024.

2.The respondent shall file and serve written submissions with authorities on or before 31 st January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 13 th February 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant requested directions to allow the appeal to be heard at the next sitting of the Court of Appeal. Case Name: Joseph Peters v The King [ANUHCRAP2018/0001] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Alexander Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 6 th December 2024.

2.The respondent shall file and serve written submissions with authorities on or before 31 st January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 10 th February 2025.

4.The appeal will be listed for hearing at the Court of Appeal sitting for the State of Antigua and Barbuda, during the week commencing 24 th February 2025.

5.This is the final adjournment for the purpose of filing written submissions. Reason: Counsel for the appellant requested that fresh directions be given for the filing of submissions. Case Name: Shelton Hunte v The King [ANUHCRAP2018/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mrs. Shannon Jones-Gittens, DPP (Ag.) Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant has failed to comply with the order of Ellis JA dated 28 th May 2024, the appellant shall complete and file a copy of the form set out in the Schedule to this Order on or before 8 th October 2024.

2.The Registrar of the High Court shall assist the appellant in ensuring that the form is received from the appellant for filing.

3.The matter is removed from the status hearing list pending the hearing of the applications for a waiver of fees for the transcript of proceedings, advanced by Sandra Hunte the mother of appellant, filed on 21 st September 2020; and the application for an extension of time to pay for the transcript of proceedings filed on 27 th November 2020. Reason: The Court noted that the appellant had failed to comply with a previous order of the Court and the matter was removed from the status hearing list to allow him to comply. The Form was attached as a Schedule to the order. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 23 rd September 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 matter is removed from the court’s list until the appellant shows proof of service of the notice of appeal filed on 14 th June 2018 on the respondent.

2.The registrar shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: The Court removed the matter from the status hearing list pending receipt of proof of service of the notice of appeal on the respondent. Case Name: Marwan Chehadeh v The Commissioner of Police [ANUMCRAP2019/0001] Date: Monday, 23 rd September 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 matter is removed from the status hearing list until the appellant provides proof of service of the Notice of appeal filed on 7 th March 2019 on the respondent.

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 noted that the notice of appeal had not been served on the respondent and the matter was removed from the list until such service is effected. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Arthur Bryan Thomas Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the order of Blenman JA dated 22 nd September 2020, whereby the application for an extension of time within which to appeal filed by the appellant on 23 rd September 2019, was dismissed, there is no proper appeal before this court. Reason: The Court noted that the application filed by the appellant for an extension of time within which to appeal was dismissed by the court. Therefore, there is no proper appeal before this Court. The matter was accordingly removed from the list. Case Name: Careem Bedminister v

[1]Arlene Simmons

[2]Damian Simmons [ANUMCVAP2021/0001] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cherissa Roberts Thomas Respondents: In person Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall provide the High Court Office with the Record of Appeal in this matter on or before 29 th November, 2024, failing which an affidavit shall be provided stating the reason for non-compliance.

2.The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025.

3.The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that the parties have yet to receive the transcript and the written judgment from the Magistrate’s Court. The matter was accordingly adjourned. Case Name: Kharim Baptiste v Narissa Browne [ANUMCVAP2020/0002] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kyrah Carr Respondent: Ms. Sherrie-Ann Bradshaw Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Director of the Family and Social Services Division in Antigua and Barbuda shall provide an affidavit giving an update on the status of the social inquiry reports for the appellant and the respondent on or before 17 th January 2025 .

2.The matter is adjourned to the next status hearing of the court of appeal for Antigua and Barbuda scheduled for 17 th February 2025.

3.The Registrar of the High Court shall serve a copy of this order on The Director of Family and Social Services Division in Antigua and Barbuda and provide proof of service thereafter. Reason: Counsel for the parties indicated that they have still not received the social inquiry reports and the matter was adjourned to allow the Director of the Family and Social Services Division to provide an update. Case Name:

[1]Hakeem Joseph

[2]June Joseph v Meryl Ferracho [ANUMCVAP2019/0016] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Dr. David Dorsett Respondent: Ms. Kyrah Carr holding papers for Ms. Arnelle Michael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 15 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 16 th December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6 th January 2025.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Antigua and Barbuda, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the parties indicated that they were ready to receive directions to progress the appeal. Case Name: Delvia Pierre v

[1]Tywann Morris

[2]Tenjiah Morris [ANUMCVAP2018/0004] Date: Monday, 23 rd September 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Anthony Victor Respondent: Mr. Kyle Nicholson Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on or before 27 th September 2024.

2.The matter is adjourned to the next status hearing of the court of appeal for the state of Antigua and Barbuda scheduled for 17 th February 2025. Reason: The Court noted that it was necessary to make an order for service of the notice of appeal.

Processing runs
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10047 2026-06-21 17:15:57.73181+00 ok pymupdf_layout_text 3
709 2026-06-21 08:10:46.556981+00 ok pymupdf_text 427