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Chamber Hearing – 31st October 2023

2023-10-31
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81193
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/akn/ecsc/ecsc/digest/2023/digest/chamber-hearing-31st-october-2023/post-81193
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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 31st October 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor Ward, Justice of Appeal Case Name: Jason Benjamin v Cindy Gordon [ANUMCVAP2023/0005] Antigua and Barbuda Date: Tuesday, 31st October 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall ensure that the terms of the order of 20th July 2023, in particular paragraph 1, are fully complied with on or before 17th November 2023.

2.The court office in Antigua and Barbuda shall cause a copy of this order and the orders of the Court dated 20th July 2023 and 26th September 2023 to be served personally on the applicant, the respondent and the Acting Chief Magistrate within 7 days of the date of this order and provide proof of service thereafter.

3.The Acting Chief Magistrate shall provide a copy of the decision of the magistrate which the appellant appeals to the Chief Registrar within 14 days of the date of this order.

4.Unless the applicant fully complies with the order of 20th July 2023 by 17th November 2023, the application for an extension of time shall stand dismissed.

5.The application for an extension of time is adjourned for final consideration at the next chamber sitting of the court scheduled for 28th November 2023. Reason: The Court noted that the applicant had not fully complied with paragraph 1 of the order dated 20th July 2023 in that he had failed to provide the grounds on which he sought an extension of time for leave to appeal and to file and serve an affidavit in support. In addition, a copy of the decision of the Magistrate did not accompany the application and there was no evidence of personal service of the previous orders of the Court on the Acting Chief Magistrate. Case Name: 1.Ramesh Amarnani 2.Mohan Amarnani (By his lawful son and interested party Mahesh Amarnani) v AEA Company Limited [GDAHCVAP2023/0019] Grenada Date: Tuesday, 31st October 2023 On paper: Applicant: Ms. Gennilyn Ettienne Respondent: No appearance Issues: Application for an extension of time for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter shall be set down for hearing on an expedited basis before a judge in the High Court of Grenada for the consideration of the appointment of Mahesh Amarnani as the personal representative of the Estate of Mohan Amarnani and or for giving directions to enable the proceedings to be carried on. 2. The applications for an extension of time and for leave to appeal shall be removed from the chamber hearing list and shall be re-listed at such time as proof of the appointment of a personal representative of the Estate of Mohan Amarnani is furnished to the Court. Reason: The Court considered the provisions of the Civil Procedure Rules revised edition 2023 on proceedings against the estate of a deceased person and made orders to allow for the consideration of the appointment of a representative of the estate of Mohan Amarnani.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING st October 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor Ward, Justice of Appeal Case Name: Jason Benjamin v Cindy Gordon [ANUMCVAP2023/0005] Antigua and Barbuda Date: Tuesday, 31 st October 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall ensure that the terms of the order of 20 th July 2023, in particular paragraph 1, are fully complied with on or before 17 th November 2023.

2.The court office in Antigua and Barbuda shall cause a copy of this order and the orders of the Court dated 20 th July 2023 and 26 th September 2023 to be served personally on the applicant, the respondent and the Acting Chief Magistrate within 7 days of the date of this order and provide proof of service thereafter.

3.The Acting Chief Magistrate shall provide a copy of the decision of the magistrate which the appellant appeals to the Chief Registrar within 14 days of the date of this order.

4.Unless the applicant fully complies with the order of 20 th July 2023 by 17 th November 2023, the application for an extension of time shall stand dismissed.

5.The application for an extension of time is adjourned for final consideration at the next chamber sitting of the court scheduled for 28 th November 2023. Reason: The Court noted that the applicant had not fully complied with paragraph 1 of the order dated 20 th July 2023 in that he had failed to provide the grounds on which he sought an extension of time for leave to appeal and to file and serve an affidavit in support. In addition, a copy of the decision of the Magistrate did not accompany the application and there was no evidence of personal service of the previous orders of the Court on the Acting Chief Magistrate.

PDF extraction

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 31st October 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor Ward, Justice of Appeal Case Name: Jason Benjamin v Cindy Gordon [ANUMCVAP2023/0005] Antigua and Barbuda Date: Tuesday, 31st October 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall ensure that the terms of the order of 20th July 2023, in particular paragraph 1, are fully complied with on or before 17th November 2023.

2.The court office in Antigua and Barbuda shall cause a copy of this order and the orders of the Court dated 20th July 2023 and 26th September 2023 to be served personally on the applicant, the respondent and the Acting Chief Magistrate within 7 days of the date of this order and provide proof of service thereafter.

3.The Acting Chief Magistrate shall provide a copy of the decision of the magistrate which the appellant appeals to the Chief Registrar within 14 days of the date of this order.

4.Unless the applicant fully complies with the order of 20th July 2023 by 17th November 2023, the application for an extension of time shall stand dismissed.

5.The application for an extension of time is adjourned for final consideration at the next chamber sitting of the court scheduled for 28th November 2023. Reason: The Court noted that the applicant had not fully complied with paragraph 1 of the order dated 20th July 2023 in that he had failed to provide the grounds on which he sought an extension of time for leave to appeal and to file and serve an affidavit in support. In addition, a copy of the decision of the Magistrate did not accompany the application and there was no evidence of personal service of the previous orders of the Court on the Acting Chief Magistrate. Case Name: 1.Ramesh Amarnani 2.Mohan Amarnani (By his lawful son and interested party Mahesh Amarnani) v AEA Company Limited [GDAHCVAP2023/0019] Grenada Date: Tuesday, 31st October 2023 On paper: Applicant: Ms. Gennilyn Ettienne Respondent: No appearance Issues: Application for an extension of time for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter shall be set down for hearing on an expedited basis before a judge in the High Court of Grenada for the consideration of the appointment of Mahesh Amarnani as the personal representative of the Estate of Mohan Amarnani and or for giving directions to enable the proceedings to be carried on. 2. The applications for an extension of time and for leave to appeal shall be removed from the chamber hearing list and shall be re-listed at such time as proof of the appointment of a personal representative of the Estate of Mohan Amarnani is furnished to the Court. Reason: The Court considered the provisions of the Civil Procedure Rules revised edition 2023 on proceedings against the estate of a deceased person and made orders to allow for the consideration of the appointment of a representative of the estate of Mohan Amarnani.

WordPress

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING st October 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Trevor Ward, Justice of Appeal Case Name: Jason Benjamin v Cindy Gordon [ANUMCVAP2023/0005] Antigua and Barbuda Date: Tuesday, 31 st October 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall ensure that the terms of the order of 20 th July 2023, in particular paragraph 1, are fully complied with on or before 17 th November 2023.

2.The court office in Antigua and Barbuda shall cause a copy of this order and the orders of the Court dated 20 th July 2023 and 26 th September 2023 to be served personally on the applicant, the respondent and the Acting Chief Magistrate within 7 days of the date of this order and provide proof of service thereafter.

3.The Acting Chief Magistrate shall provide a copy of the decision of the magistrate which the appellant appeals to the Chief Registrar within 14 days of the date of this order.

4.Unless the applicant fully complies with the order of 20 th July 2023 by 17 th November 2023, the application for an extension of time shall stand dismissed.

5.The application for an extension of time is adjourned for final consideration at the next chamber sitting of the court scheduled for 28 th November 2023. Reason: The Court noted that the applicant had not fully complied with paragraph 1 of the order dated 20 th July 2023 in that he had failed to provide the grounds on which he sought an extension of time for leave to appeal and to file and serve an affidavit in support. In addition, a copy of the decision of the Magistrate did not accompany the application and there was no evidence of personal service of the previous orders of the Court on the Acting Chief Magistrate.

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