143,540 judgment pages 132,515 public-register pages 276,055 total pages

Court of Appeal Sitting – 31st January 2023

2023-01-31
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76366
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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING

[1]Mary-Clare Hurst, in her capacity as General 31st January 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name: Secretary of the Antigua and Barbuda Labour Party

[2]Paul Chet Greene, in his capacity as Chairman of the Antigua and Barbuda Labour Party

[3]Gaston Bowne, in his capacity as Political Leader of the Antigua and Barbuda Labour Party and Asot A. Michael [ANUHCVAP2022/0019] ANTIGUA AND BARBUDA Date: Tuesday, 31st January 2023 On paper: Appellants: Dr. David Dorsett IT IS HEREBY ORDERED THAT: Issues: Application for stay pending appeal Result / Order: The application dated 21st October 2022 for a stay pending the determination of the appeal is dismissed. Bank of Nevis International Limited Reason: The Court was of the view that in all the circumstances the appellant had not provided cogent evidence that the appeal would be stifled or rendered nugatory if the stay was not granted and that the balance of harm did not favour the grant of a stay. Case Name: and Nevis IP Holdings LLC and St Kitts- Nevis- Anguilla National Bank Interested Party/Garnishee [NEVHCVAP2022/0017] SAINT CHRISTOPHER AND NEVIS Date: Tuesday, 31st January 2023 On paper: Appellant: Mr. Carlyle Rogers Respondent: Ms. Edisha Greene IT IS HEREBY ORDERED THAT: Issues: Application for stay pending appeal- Continuation of Interim stay Result / Order: Barry McMilan Hunte The interim stay of execution granted on 29th December 2022 is continued until the hearing and determination of the appellant’s appeal of the said 9th December 2022 Order. Reason: The Court was of the view that all of the circumstances of the case including that the balance of harm, favoured the continuation of the stay of execution. Case Name: and The King [SLUHCRAP2020/0002] IT IS HEREBY ORDERED THAT: SAINT LUCIA Date: Tuesday, 31st January 2023 On paper: Appellant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: 1. The appellant shall complete and file a copy of the form set out in the Schedule to this Order within 14 days of the date of this order. 2. The application seeking legal aid will be considered and determined (on paper) upon receipt of the completed Schedule. 3. The Registrar of the High Court shall serve a copy of this order along with the Schedule on the appellant and provide this Court with proof of service. Reason: The Court was of the view that the appellant had failed to provide sufficient evidence to satisfy the Court that he did not in fact have the means to obtain legal representation.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING st January 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name:

[1]Mary-Clare Hurst, in her capacity as General Secretary of the Antigua and Barbuda Labour Party

[2]Paul Chet Greene, in his capacity as Chairman of the Antigua and Barbuda Labour Party

[3]Gaston Bowne, in his capacity as Political Leader of the Antigua and Barbuda Labour Party and

1.Zachery Saint Asot A. Michael [ANUHCVAP2022/0019] ANTIGUA AND BARBUDA Date: Tuesday, 31 st January 2023 On paper: Appellants: Dr. David Dorsett Respondent: Ms. Kema Benjamin Issues: Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application dated 21 st October 2022 for a stay pending the determination of the appeal is dismissed. Reason: The Court was of the view that in all the circumstances the appellant had not provided cogent evidence that the appeal would be stifled or rendered nugatory if the stay was not granted and that the balance of harm did not favour the grant of a stay. Case Name: Bank of Nevis International Limited and

2.Zachery Saint Nevis IP Holdings LLC and St Kitts- Nevis- Anguilla National Bank Interested Party/Garnishee [NEVHCVAP2022/0017] SAINT CHRISTOPHER AND NEVIS Date: Tuesday, 31 st January 2023 On paper: Appellant: Mr. Carlyle Rogers Respondent: Ms. Edisha Greene Issues: Application for stay pending appeal- Continuation of Interim stay Result / Order: IT IS HEREBY ORDERED THAT: The interim stay of execution granted on 29 th December 2022 is continued until the hearing and determination of the appellant’s appeal of the said 9 th December 2022 Order . Reason: The Court was of the view that all of the circumstances of the case including that the balance of harm, favoured the continuation of the stay of execution. Case Name: Barry McMilan Hunte and The King [SLUHCRAP2020/0002] SAINT LUCIA Date: Tuesday, 31st January 2023 On paper: Appellant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall complete and file a copy of the form set out in the Schedule to this Order within 14 days of the date of this order. The application seeking legal aid will be considered and determined (on paper) upon receipt of the completed Schedule . The Registrar of the High Court shall serve a copy of this order along with the Schedule on the appellant and provide this Court with proof of service. Reason: The Court was of the view that the appellant had failed to provide sufficient evidence to satisfy the Court that he did not in fact have the means to obtain legal representation.

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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING

[1]Mary-Clare Hurst, in her capacity as General 31st January 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name: Secretary of the Antigua and Barbuda Labour Party

[2]Paul Chet Greene, in his capacity as Chairman of the Antigua and Barbuda Labour Party

[3]Gaston Bowne, in his capacity as Political Leader of the Antigua and Barbuda Labour Party and Asot A. Michael [ANUHCVAP2022/0019] ANTIGUA AND BARBUDA Date: Tuesday, 31st January 2023 On paper: Appellants: Dr. David Dorsett IT IS HEREBY ORDERED THAT: Issues: Application for stay pending appeal Result / Order: The application dated 21st October 2022 for a stay pending the determination of the appeal is dismissed. Bank of Nevis International Limited Reason: The Court was of the view that in all the circumstances the appellant had not provided cogent evidence that the appeal would be stifled or rendered nugatory if the stay was not granted and that the balance of harm did not favour the grant of a stay. Case Name: and Nevis IP Holdings LLC and St Kitts- Nevis- Anguilla National Bank Interested Party/Garnishee [NEVHCVAP2022/0017] SAINT CHRISTOPHER AND NEVIS Date: Tuesday, 31st January 2023 On paper: Appellant: Mr. Carlyle Rogers Respondent: Ms. Edisha Greene IT IS HEREBY ORDERED THAT: Issues: Application for stay pending appeal- Continuation of Interim stay Result / Order: Barry McMilan Hunte The interim stay of execution granted on 29th December 2022 is continued until the hearing and determination of the appellant’s appeal of the said 9th December 2022 Order. Reason: The Court was of the view that all of the circumstances of the case including that the balance of harm, favoured the continuation of the stay of execution. Case Name: and The King [SLUHCRAP2020/0002] IT IS HEREBY ORDERED THAT: SAINT LUCIA Date: Tuesday, 31st January 2023 On paper: Appellant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: 1. The appellant shall complete and file a copy of the form set out in the Schedule to this Order within 14 days of the date of this order. 2. The application seeking legal aid will be considered and determined (on paper) upon receipt of the completed Schedule. 3. The Registrar of the High Court shall serve a copy of this order along with the Schedule on the appellant and provide this Court with proof of service. Reason: The Court was of the view that the appellant had failed to provide sufficient evidence to satisfy the Court that he did not in fact have the means to obtain legal representation.

WordPress

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING st January 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name:

[1]Mary-Clare Hurst, in her capacity as General Secretary of the Antigua and Barbuda Labour Party

[2]Paul Chet Greene, in his capacity as Chairman of the Antigua and Barbuda Labour Party

[3]Gaston Bowne, in his capacity as Political Leader of the Antigua and Barbuda Labour Party and

1.Zachery Saint Asot A. Michael [ANUHCVAP2022/0019] ANTIGUA AND BARBUDA Date: Tuesday, 31 st January 2023 On paper: Appellants: Dr. David Dorsett Respondent: Ms. Kema Benjamin Issues: Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application dated 21 st October 2022 for a stay pending the determination of the appeal is dismissed. Reason: The Court was of the view that in all the circumstances the appellant had not provided cogent evidence that the appeal would be stifled or rendered nugatory if the stay was not granted and that the balance of harm did not favour the grant of a stay. Case Name: Bank of Nevis International Limited and

2.Zachery Saint Nevis IP Holdings LLC and St Kitts- Nevis- Anguilla National Bank Interested Party/Garnishee [NEVHCVAP2022/0017] SAINT CHRISTOPHER AND NEVIS Date: Tuesday, 31 st January 2023 On paper: Appellant: Mr. Carlyle Rogers Respondent: Ms. Edisha Greene Issues: Application for stay pending appeal- Continuation of Interim stay Result / Order: IT IS HEREBY ORDERED THAT: The interim stay of execution granted on 29 th December 2022 is continued until the hearing and determination of the appellant’s appeal of the said 9 th December 2022 Order . Reason: The Court was of the view that all of the circumstances of the case including that the balance of harm, favoured the continuation of the stay of execution. Case Name: Barry McMilan Hunte and The King [SLUHCRAP2020/0002] SAINT LUCIA Date: Tuesday, 31st January 2023 On paper: Appellant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall complete and file a copy of the form set out in the Schedule to this Order within 14 days of the date of this order. The application seeking legal aid will be considered and determined (on paper) upon receipt of the completed Schedule . The Registrar of the High Court shall serve a copy of this order along with the Schedule on the appellant and provide this Court with proof of service. Reason: The Court was of the view that the appellant had failed to provide sufficient evidence to satisfy the Court that he did not in fact have the means to obtain legal representation.

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