Status Hearing – 1st March 2022
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70249-Status-Hearing-1st-March-2022.pdf current 2026-06-21 02:31:33.971289+00 · 411,335 B
EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT LUCIA TUESDAY 1st MARCH 2022 Case Name: Evariste Ambrose v Antoine Baptiste [SLUHCVAP2015/0029] Adjournment (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis- Harris Respondent: Ms. Leandra Verneuil 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 Saint Lucia scheduled for 30th May 2022, to allow counsel for the appellant to take instructions from the appellant as to how to proceed with this matter. Reason: The matter was adjourned to the next status hearing to allow counsel for the appellant to take instructions as to how he wishes to proceed with the matter. Case Name: Lazarus Paul v Rachel Willie- Trotman [SLUHCVAP2017/0049] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris 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 Saint Lucia scheduled for 30th May 2022 to allow the parties to continue settlement discussions. Reason: The matter was adjourned to allow ongoing settlement discussions between the parties to continue. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 for Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0018] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name:
[1]Anne Marie Donnelly
[2]Dorothy Donnelly Heirs at Law in the Estate of the late Irena Edwin aka Irena Luison (nee) Donelly aka Irena Donelly v [1] Lydia B. Faisal [2] Paul Laurencin Louison aka Laurencin Louison
[3]Glenda Antonia Donnelly [SLUHCVAP2019/0008] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Mrs. Edith Petra Jeffrey-Nelson with Mr. Sahleem Charles 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 Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: James Jacques Valton v Heirs of Simeon Cherry Represented by Earl Huntley [SLUHCVAP2019/0009] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Eghan Modeste 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 Saint Lucia scheduled for 30th May 2022. 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 for the respondent requested an adjournment to allow the parties to continue settlement discussions. Case Name: Raphael Charlemagne v [1] The Attorney General [2] Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0025] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Antonia Charlemagne with Ms. Rochelle John Charles for the 1st respondent Mrs. Edith Petra Jeffrey-Nelson for the 2nd respondent Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting the application to strike out the appeal filed by the 1st respondent on 25th February 2022, the matter is removed from the status hearing list pending the determination of the application. 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 informed the court that an application to strike out the appeal was filed by the 1st respondent. Counsel for the 2nd respondent indicated that the 2nd respondent had been served and intends to support the 1st respondent’s application. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2021/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie- Ange Symmonds Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve written submissions with authorities on or before 16th March 2022. 2. The respondent is at liberty to file and serve written submissions with authorities on or before 18th April 2022. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary on or before 3rd May 2022. 4. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6th June 2022. 5. 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 Court noted that the appellant had complied with the directions from the previous status hearing and in so doing, the necessary documents which included the amended recorded of appeal and the application to have the matter migrated to the E-Litigation portal, had been served on the respondent. Case Name: Luvina Joseph v [1] William Gomez [2] Albert Gomez [SLUHCVAP2018/0030] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Ephraim Edgar 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 Saint Lucia scheduled for 30th May 2022, unless a Notice of Discontinuance is sooner filed. Reason: Counsel for the respondent indicated that the matter had been resolved between the parties and all that was left was for the appellant to file a Notice of Discontinuance. Case Name: Caribbean Agricultural and Manufacturing Industries Limited (CAAMIL) v Kimlan Mason [SLUHCVAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance of respondent who is self-represented Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether it is interested in prosecuting the 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 the appellant filed its notice of appeal on 17th January 2018 but has not taken any further steps since that time. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson- Ouhla Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow counsel for the appellant to make contact with the appellant to take instructions on the progress of the appeal. 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 for the appellant indicated that she has not been able to contact the appellant who resides outside of Saint Lucia but maintains her effort to do so. In the circumstances, counsel requested some time to establish contact with the appellant. Case Name: [1] Eldon Wilson [2] Donny Camille [3] Miriam Holt v Lance Willie (Qua Administrator of the Estate of George Willie) [SLUHCVAP2020/0006] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cleopatra McDonald Respondent: Ms. Lydia Faisal Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The parties shall agree to the documents to be included in the record of appeal and the appellant shall file and serve the record of appeal on or before 15th March 2022. 2. The appellants shall file and serve written submissions with authorities on or before 15th April 2022. 3. The respondent shall file and serve written submissions with authorities on or before 16th May 2022. 4. The appellants are at liberty to file and serve written submissions with authorities in reply if necessary on or before 31st May 2022. 5. The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: The matter is ready to proceed. The Court however noted the notice of unavailability of transcript filed on 4th November 2021 as a recording of the proceedings were not available. Case Name: The Landings Proprietors Unit Plan No. 2 of 2007 (also known as the Landings Body Corporate or the Landings BC) v The Development Control Authority [SLUHCVAP2019/0019] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: Ms. Sueanna Frederick-Fevrier Mr. Mark Maragh for Two Seas Limited (interested party) Mr. Rene Williams holding a watching brief for the Attorney General Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondents shall file and serve written submissions with authorities on or before 8th April 2022. 2. The appellants are at liberty to file and serve written submissions with authorities in reply on or before 25th April 2022. 3. The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: The matter was ready to proceed to hearing before the Full Court. Case Name: ROMAULD HARTE v PERRY LONGVILLE [SLUMCVAP2018/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 29th April 2022, 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 of appeal for Saint Lucia scheduled for 30th May 2022. 3. 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 for the respondent indicated that he had recently been retained in the matter and had not been able to take proper instructions. The Court also noted that since that last status hearing there has been no update by the Senior Magistrate on the Record of Appeal in the matter. Case Name: HOLLINDA ALLEN ARTHUR v RAYMOND VOLEY [SLUMCVAP2018/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the parties could not be located for service of a Notice of Hearing for today’s hearing, the matter is adjourned to the next Status Hearing of the court of appeal for Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned upon the Court noting the affidavits of non-service attesting that both the appellant and respondent were not served because they could not be found. Case Name: KENDALL CAUL v THE QUEEN [SLUHCRAP2017/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 had made an application for legal aid which had been lodged before the Legal Aid Board. Mr. Compton, who appeared amicus curiae from the Legal Aid Department informed the Court that the Legal Aid Board had been recently re-constituted and is still in the process of deciding how it wishes to proceed in relation to this matter. The Crown indicated that in the circumstances it will be necessary to ascertain the position of the Legal Aid Department before it can inform the Court on how it wishes to proceed with the matter. Case Name: Sherrington Burnie Preville v The Queen [SLUHCRAP2019/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the appellant to make an application to the court in writing for the waiver of the transcript fees in this matter and for the appointment of a state attorney to represent him for the 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: The appellant sent a letter requesting a waiver of the transcript fees as well for the appointment of a state attorney. However, the letter was addressed to the “visiting justices” and not to the Court. The appellant was therefore requested to send a letter addressed to the Court for its consideration. Case Name: Bryan St.Martin v The Queen [SLUHCRAP2019/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 that the appellant’s family was extremely interested in pursuing the matter and has sourced funds for the transcript. The position of the administration of the legal aid clinic is that the grounds are right for the appellant to make an application for a state attorney. However, the Court was informed by Mr. Compton for the Legal Aid Department that the Legal Aid Board is still in the process of confirming its position in relation to this matter. The Court was of the view that once the appellant has confirmed the position of the Legal Aid Board then he can make an application to the Court in the alternative. The Crown indicated that it had no objection to an adjournment but would like to get the matter moved along. Case Name: Simon Marius v The Queen [SLUHCRAP2017/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall make an application to the court in writing to be assigned a state attorney to represent him for the appeal. 2. The Registrar of the High Court shall assist the appellant in retrieving a copy of the Transcript of Proceedings from his lawyer in the previous appeal. 3. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022. Reason: The Court noted that the appellant had not written to the Court requesting that he be appointed a state attorney. Further, the transcript of the proceedings had not been retrieved from the appellant’s previous counsel. Case Name: Barry McMillan Hunte v The Queen [SLUHCRAP2020/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms.Chanika Carrington Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the appellant to get legal representation for his 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: The Court was informed that the appellant does not have legal representation, however he is receiving assistance in getting this done and that he has requested extra time to enable him to do so. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at this hearing, but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to be present to indicate whether he is still interested in prosecuting his 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: The Court noted that the Certificate of Status Hearing dated 2nd November 2021 had been served on the appellant on 3rd February 2022, however the appellant was not present in court. Case Name: Ian Paul v SPC 144 Leon [SLUMCRAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall make inquiries from the Distinct Court in relation to the provision of the electronic notes of evidence produced in this matter and shall update the court and the parties accordingly. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022, for update. Reason: Counsel for the appellant and the appellant were absent from the hearing and therefore no update could be provided as to whether the appellant has had any success in retrieving the notes of evidence from the district court. Case Name: Wilfred Karl Daniel v The Queen [SLUMCRAP2018/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Fergusson John Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 6th May 2022, 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 of appeal for Saint Lucia scheduled for 30th May 2022. Reason: The appellant was still without the Record of Appeal from the Magistrate’s Court. Case Name: Sgt. Hilary Emmanuel 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chanika Carrington Respondent: No appearance Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 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: The Court was informed by way of an affidavit of non- service filed by Mr. Jn Baptiste De Leon on 27th January 2022 that he attempted to serve the appellant but was unsuccessful. The affidavit deposed that at the time of attempt of service the appellant, by way of telephone, informed Mr. De Leon that he was not interested in the appeal. The Court also noted that the respondent was not served to be present as there was a misunderstanding as to which of the parties the Crown represented. Case Name: Cervin Niven Griffin v The Police CPL 571 Lesporis [SLUMCRAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall continue efforts to cause the Record of appeal to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the Record of appeal. 3. The matter will be relisted at the next status hearing upon availability of the Record of appeal 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 appellant and shall provide proof of service thereafter. Reason: The Court noted the non-service of the Certificate of Result of Status Hearing dated 2nd November 2021 on the appellant as he could not be found. Further, the Court received an update from the Senior Magistrate filed on 24th February 2022 stating that the notes of the proceedings were now in the possession of former Magistrate Moise due to difficulty understanding his handwriting. The court is assisting the Magistrate and will have the transcriber make the records available as soon possible. Case Name: Robert Joseph v Commissioner of Police [SLUMCRAP2019/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: Counsel for the appellant was not present at the hearing to indicate to the Court whether the appellant is still interested in prosecuting the appeal. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The parties shall agree and file a supplemental record of appeal containing the questions asked during cross examination on or before 25th March 2022. 2. The appellant shall file and serve written submissions with authorities on or before 15th April 2022 3. The respondent shall file and serve written submissions with authorities on or before 15th May 2022. 4. The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 31st May 2022. 5. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: Counsel for the appellant indicated in the previous Status Hearing that the record of appeal obtained from the magistrate’s notes were incomplete. Counsel informed the Court that he was able to retrieve the questions to the answers in the record which were missing and will prepare same for inclusion in the Record of Appeal. The matter was otherwise ready to proceed.
EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT LUCIA TUESDAY 1 st MARCH 2022 Case Name: Evariste Ambrose v Antoine Baptiste [SLUHCVAP2015/0029] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis- Harris Respondent: Ms. Leandra Verneuil 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 Saint Lucia scheduled for 30 th May 2022, to allow counsel for the appellant to take instructions from the appellant as to how to proceed with this matter. Reason: The matter was adjourned to the next status hearing to allow counsel for the appellant to take instructions as to how he wishes to proceed with the matter. Case Name: Lazarus Paul v Rachel Willie- Trotman [SLUHCVAP2017/0049] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris 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 Saint Lucia scheduled for 30 th May 2022 to allow the parties to continue settlement discussions. Reason: The matter was adjourned to allow ongoing settlement discussions between the parties to continue. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 for Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0018] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name:
[1]Anne Marie Donnelly
[2]Dorothy Donnelly Heirs at Law in the Estate of the late Irena Edwin aka Irena Luison (nee) Donelly aka Irena Donelly v
[1]Lydia B. Faisal
[2]Paul Laurencin Louison aka Laurencin Louison
[3]Glenda Antonia Donnelly [SLUHCVAP2019/0008] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Mrs. Edith Petra Jeffrey-Nelson with Mr. Sahleem Charles 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 Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: James Jacques Valton v Heirs of Simeon Cherry Represented by Earl Huntley [SLUHCVAP2019/0009] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Eghan Modeste 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 Saint Lucia scheduled for 30 th May 2022.
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 for the respondent requested an adjournment to allow the parties to continue settlement discussions. Case Name: Raphael Charlemagne v
[1]The Attorney General
[2]Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0025] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Antonia Charlemagne with Ms. Rochelle John Charles for the 1 st respondent Mrs. Edith Petra Jeffrey-Nelson for the 2 nd respondent Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application to strike out the appeal filed by the 1 st respondent on 25 th February 2022, the matter is removed from the status hearing list pending the determination of the application. 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 informed the court that an application to strike out the appeal was filed by the 1 st respondent. Counsel for the 2 nd respondent indicated that the 2 nd respondent had been served and intends to support the 1 st respondent’s application. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2021/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie- Ange Symmonds Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED:
1.The appellant shall file and serve written submissions with authorities on or before 16 th March 2022.
2.The respondent is at liberty to file and serve written submissions with authorities on or before 18 th April 2022.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary on or before 3 rd May 2022.
4.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6 th June 2022.
5.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 Court noted that the appellant had complied with the directions from the previous status hearing and in so doing, the necessary documents which included the amended recorded of appeal and the application to have the matter migrated to the E-Litigation portal, had been served on the respondent. Case Name: Luvina Joseph v
[1]William Gomez
[2]Albert Gomez [SLUHCVAP2018/0030] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Ephraim Edgar 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 Saint Lucia scheduled for 30 th May 2022, unless a Notice of Discontinuance is sooner filed. Reason: Counsel for the respondent indicated that the matter had been resolved between the parties and all that was left was for the appellant to file a Notice of Discontinuance. Case Name: Caribbean Agricultural and Manufacturing Industries Limited (CAAMIL) v Kimlan Mason [SLUHCVAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance of respondent who is self-represented Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether it is interested in prosecuting the 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 the appellant filed its notice of appeal on 17 th January 2018 but has not taken any further steps since that time. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson- Ouhla Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow counsel for the appellant to make contact with the appellant to take instructions on the progress of the appeal.
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 for the appellant indicated that she has not been able to contact the appellant who resides outside of Saint Lucia but maintains her effort to do so. In the circumstances, counsel requested some time to establish contact with the appellant. Case Name:
[1]Eldon Wilson
[2]Donny Camille
[3]Miriam Holt v Lance Willie (Qua Administrator of the Estate of George Willie) [SLUHCVAP2020/0006] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cleopatra McDonald Respondent: Ms. Lydia Faisal Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The parties shall agree to the documents to be included in the record of appeal and the appellant shall file and serve the record of appeal on or before 15 th March 2022.
2.The appellants shall file and serve written submissions with authorities on or before 15 th April 2022.
3.The respondent shall file and serve written submissions with authorities on or before 16 th May 2022.
4.The appellants are at liberty to file and serve written submissions with authorities in reply if necessary on or before 31 st May 2022.
5.The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: The matter is ready to proceed. The Court however noted the notice of unavailability of transcript filed on 4 th November 2021 as a recording of the proceedings were not available. Case Name: The Landings Proprietors Unit Plan No. 2 of 2007 ( also known as the Landings Body Corporate or the Landings BC ) v The Development Control Authority [SLUHCVAP2019/0019] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: Ms. Sueanna Frederick-Fevrier Mr. Mark Maragh for Two Seas Limited (interested party) Mr. Rene Williams holding a watching brief for the Attorney General Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The respondents shall file and serve written submissions with authorities on or before 8 th April 2022.
2.The appellants are at liberty to file and serve written submissions with authorities in reply on or before 25 th April 2022.
3.The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: The matter was ready to proceed to hearing before the Full Court. Case Name: ROMAULD HARTE v PERRY LONGVILLE [SLUMCVAP2018/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 29 th April 2022, 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 of appeal for Saint Lucia scheduled for 30 th May 2022.
3.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 for the respondent indicated that he had recently been retained in the matter and had not been able to take proper instructions. The Court also noted that since that last status hearing there has been no update by the Senior Magistrate on the Record of Appeal in the matter. Case Name: HOLLINDA ALLEN ARTHUR v RAYMOND VOLEY [SLUMCVAP2018/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.Upon noting that the parties could not be located for service of a Notice of Hearing for today’s hearing, the matter is adjourned to the next Status Hearing of the court of appeal for Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned upon the Court noting the affidavits of non-service attesting that both the appellant and respondent were not served because they could not be found. Case Name: KENDALL CAUL v THE QUEEN [SLUHCRAP2017/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 had made an application for legal aid which had been lodged before the Legal Aid Board. Mr. Compton, who appeared amicus curiae from the Legal Aid Department informed the Court that the Legal Aid Board had been recently re-constituted and is still in the process of deciding how it wishes to proceed in relation to this matter. The Crown indicated that in the circumstances it will be necessary to ascertain the position of the Legal Aid Department before it can inform the Court on how it wishes to proceed with the matter. Case Name: Sherrington Burnie Preville v The Queen [SLUHCRAP2019/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the appellant to make an application to the court in writing for the waiver of the transcript fees in this matter and for the appointment of a state attorney to represent him for the 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: The appellant sent a letter requesting a waiver of the transcript fees as well for the appointment of a state attorney. However, the letter was addressed to the “visiting justices” and not to the Court. The appellant was therefore requested to send a letter addressed to the Court for its consideration. Case Name: Bryan St.Martin v The Queen [SLUHCRAP2019/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 that the appellant’s family was extremely interested in pursuing the matter and has sourced funds for the transcript. The position of the administration of the legal aid clinic is that the grounds are right for the appellant to make an application for a state attorney. However, the Court was informed by Mr. Compton for the Legal Aid Department that the Legal Aid Board is still in the process of confirming its position in relation to this matter. The Court was of the view that once the appellant has confirmed the position of the Legal Aid Board then he can make an application to the Court in the alternative. The Crown indicated that it had no objection to an adjournment but would like to get the matter moved along. Case Name: Simon Marius v The Queen [SLUHCRAP2017/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall make an application to the court in writing to be assigned a state attorney to represent him for the appeal.
2.The Registrar of the High Court shall assist the appellant in retrieving a copy of the Transcript of Proceedings from his lawyer in the previous appeal.
3.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022. Reason: The Court noted that the appellant had not written to the Court requesting that he be appointed a state attorney. Further, the transcript of the proceedings had not been retrieved from the appellant’s previous counsel. Case Name: Barry McMillan Hunte v The Queen [SLUHCRAP2020/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms.Chanika Carrington Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the appellant to get legal representation for his 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: The Court was informed that the appellant does not have legal representation, however he is receiving assistance in getting this done and that he has requested extra time to enable him to do so. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the appellant was served to be present at this hearing, but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to be present to indicate whether he is still interested in prosecuting his 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: The Court noted that the Certificate of Status Hearing dated 2 nd November 2021 had been served on the appellant on 3 rd February 2022, however the appellant was not present in court. Case Name: Ian Paul v SPC 144 Leon [SLUMCRAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall make inquiries from the Distinct Court in relation to the provision of the electronic notes of evidence produced in this matter and shall update the court and the parties accordingly.
2.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022, for update . Reason: Counsel for the appellant and the appellant were absent from the hearing and therefore no update could be provided as to whether the appellant has had any success in retrieving the notes of evidence from the district court. Case Name: Wilfred Karl Daniel v The Queen [SLUMCRAP2018/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Fergusson John Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 6 th May 2022, 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 of appeal for Saint Lucia scheduled for 30 th May 2022. Reason: The appellant was still without the Record of Appeal from the Magistrate’s Court. Case Name: Sgt. Hilary Emmanuel 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chanika Carrington Respondent: No appearance Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 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 Court was informed by way of an affidavit of non-service filed by Mr. Jn Baptiste De Leon on 27 th January 2022 that he attempted to serve the appellant but was unsuccessful. The affidavit deposed that at the time of attempt of service the appellant, by way of telephone, informed Mr. De Leon that he was not interested in the appeal. The Court also noted that the respondent was not served to be present as there was a misunderstanding as to which of the parties the Crown represented. Case Name: Cervin Niven Griffin v The Police CPL 571 Lesporis [SLUMCRAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall continue efforts to cause the Record of appeal to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the Record of appeal.
3.The matter will be relisted at the next status hearing upon availability of the Record of appeal 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 appellant and shall provide proof of service thereafter. Reason: The Court noted the non-service of the Certificate of Result of Status Hearing dated 2 nd November 2021 on the appellant as he could not be found. Further, the Court received an update from the Senior Magistrate filed on 24 th February 2022 stating that the notes of the proceedings were now in the possession of former Magistrate Moise due to difficulty understanding his handwriting. The court is assisting the Magistrate and will have the transcriber make the records available as soon possible. Case Name: Robert Joseph v Commissioner of Police [SLUMCRAP2019/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: Counsel for the appellant was not present at the hearing to indicate to the Court whether the appellant is still interested in prosecuting the appeal. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The parties shall agree and file a supplemental record of appeal containing the questions asked during cross examination on or before 25 th March 2022.
2.The appellant shall file and serve written submissions with authorities on or before 15 th April 2022
3.The respondent shall file and serve written submissions with authorities on or before 15 th May 2022.
4.The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 31 st May 2022.
5.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: Counsel for the appellant indicated in the previous Status Hearing that the record of appeal obtained from the magistrate’s notes were incomplete. Counsel informed the Court that he was able to retrieve the questions to the answers in the record which were missing and will prepare same for inclusion in the Record of Appeal. The matter was otherwise ready to proceed.
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EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT LUCIA TUESDAY 1st MARCH 2022 Case Name: Evariste Ambrose v Antoine Baptiste [SLUHCVAP2015/0029] Adjournment (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis- Harris Respondent: Ms. Leandra Verneuil 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 Saint Lucia scheduled for 30th May 2022, to allow counsel for the appellant to take instructions from the appellant as to how to proceed with this matter. Reason: The matter was adjourned to the next status hearing to allow counsel for the appellant to take instructions as to how he wishes to proceed with the matter. Case Name: Lazarus Paul v Rachel Willie- Trotman [SLUHCVAP2017/0049] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris 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 Saint Lucia scheduled for 30th May 2022 to allow the parties to continue settlement discussions. Reason: The matter was adjourned to allow ongoing settlement discussions between the parties to continue. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 for Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0018] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name:
[1]Anne Marie Donnelly
[2]Dorothy Donnelly Heirs at Law in the Estate of the late Irena Edwin aka Irena Luison (nee) Donelly aka Irena Donelly v [1] Lydia B. Faisal [2] Paul Laurencin Louison aka Laurencin Louison
[3]Glenda Antonia Donnelly [SLUHCVAP2019/0008] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Mrs. Edith Petra Jeffrey-Nelson with Mr. Sahleem Charles 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 Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: James Jacques Valton v Heirs of Simeon Cherry Represented by Earl Huntley [SLUHCVAP2019/0009] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Eghan Modeste 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 Saint Lucia scheduled for 30th May 2022. 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 for the respondent requested an adjournment to allow the parties to continue settlement discussions. Case Name: Raphael Charlemagne v [1] The Attorney General [2] Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0025] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Antonia Charlemagne with Ms. Rochelle John Charles for the 1st respondent Mrs. Edith Petra Jeffrey-Nelson for the 2nd respondent Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting the application to strike out the appeal filed by the 1st respondent on 25th February 2022, the matter is removed from the status hearing list pending the determination of the application. 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 informed the court that an application to strike out the appeal was filed by the 1st respondent. Counsel for the 2nd respondent indicated that the 2nd respondent had been served and intends to support the 1st respondent’s application. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2021/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie- Ange Symmonds Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve written submissions with authorities on or before 16th March 2022. 2. The respondent is at liberty to file and serve written submissions with authorities on or before 18th April 2022. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary on or before 3rd May 2022. 4. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6th June 2022. 5. 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 Court noted that the appellant had complied with the directions from the previous status hearing and in so doing, the necessary documents which included the amended recorded of appeal and the application to have the matter migrated to the E-Litigation portal, had been served on the respondent. Case Name: Luvina Joseph v [1] William Gomez [2] Albert Gomez [SLUHCVAP2018/0030] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Ephraim Edgar 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 Saint Lucia scheduled for 30th May 2022, unless a Notice of Discontinuance is sooner filed. Reason: Counsel for the respondent indicated that the matter had been resolved between the parties and all that was left was for the appellant to file a Notice of Discontinuance. Case Name: Caribbean Agricultural and Manufacturing Industries Limited (CAAMIL) v Kimlan Mason [SLUHCVAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance of respondent who is self-represented Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether it is interested in prosecuting the 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 the appellant filed its notice of appeal on 17th January 2018 but has not taken any further steps since that time. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson- Ouhla Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow counsel for the appellant to make contact with the appellant to take instructions on the progress of the appeal. 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 for the appellant indicated that she has not been able to contact the appellant who resides outside of Saint Lucia but maintains her effort to do so. In the circumstances, counsel requested some time to establish contact with the appellant. Case Name: [1] Eldon Wilson [2] Donny Camille [3] Miriam Holt v Lance Willie (Qua Administrator of the Estate of George Willie) [SLUHCVAP2020/0006] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cleopatra McDonald Respondent: Ms. Lydia Faisal Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The parties shall agree to the documents to be included in the record of appeal and the appellant shall file and serve the record of appeal on or before 15th March 2022. 2. The appellants shall file and serve written submissions with authorities on or before 15th April 2022. 3. The respondent shall file and serve written submissions with authorities on or before 16th May 2022. 4. The appellants are at liberty to file and serve written submissions with authorities in reply if necessary on or before 31st May 2022. 5. The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: The matter is ready to proceed. The Court however noted the notice of unavailability of transcript filed on 4th November 2021 as a recording of the proceedings were not available. Case Name: The Landings Proprietors Unit Plan No. 2 of 2007 (also known as the Landings Body Corporate or the Landings BC) v The Development Control Authority [SLUHCVAP2019/0019] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: Ms. Sueanna Frederick-Fevrier Mr. Mark Maragh for Two Seas Limited (interested party) Mr. Rene Williams holding a watching brief for the Attorney General Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondents shall file and serve written submissions with authorities on or before 8th April 2022. 2. The appellants are at liberty to file and serve written submissions with authorities in reply on or before 25th April 2022. 3. The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: The matter was ready to proceed to hearing before the Full Court. Case Name: ROMAULD HARTE v PERRY LONGVILLE [SLUMCVAP2018/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 29th April 2022, 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 of appeal for Saint Lucia scheduled for 30th May 2022. 3. 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 for the respondent indicated that he had recently been retained in the matter and had not been able to take proper instructions. The Court also noted that since that last status hearing there has been no update by the Senior Magistrate on the Record of Appeal in the matter. Case Name: HOLLINDA ALLEN ARTHUR v RAYMOND VOLEY [SLUMCVAP2018/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the parties could not be located for service of a Notice of Hearing for today’s hearing, the matter is adjourned to the next Status Hearing of the court of appeal for Saint Lucia scheduled for 30th May 2022. 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 matter was adjourned upon the Court noting the affidavits of non-service attesting that both the appellant and respondent were not served because they could not be found. Case Name: KENDALL CAUL v THE QUEEN [SLUHCRAP2017/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 had made an application for legal aid which had been lodged before the Legal Aid Board. Mr. Compton, who appeared amicus curiae from the Legal Aid Department informed the Court that the Legal Aid Board had been recently re-constituted and is still in the process of deciding how it wishes to proceed in relation to this matter. The Crown indicated that in the circumstances it will be necessary to ascertain the position of the Legal Aid Department before it can inform the Court on how it wishes to proceed with the matter. Case Name: Sherrington Burnie Preville v The Queen [SLUHCRAP2019/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the appellant to make an application to the court in writing for the waiver of the transcript fees in this matter and for the appointment of a state attorney to represent him for the 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: The appellant sent a letter requesting a waiver of the transcript fees as well for the appointment of a state attorney. However, the letter was addressed to the “visiting justices” and not to the Court. The appellant was therefore requested to send a letter addressed to the Court for its consideration. Case Name: Bryan St.Martin v The Queen [SLUHCRAP2019/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 that the appellant’s family was extremely interested in pursuing the matter and has sourced funds for the transcript. The position of the administration of the legal aid clinic is that the grounds are right for the appellant to make an application for a state attorney. However, the Court was informed by Mr. Compton for the Legal Aid Department that the Legal Aid Board is still in the process of confirming its position in relation to this matter. The Court was of the view that once the appellant has confirmed the position of the Legal Aid Board then he can make an application to the Court in the alternative. The Crown indicated that it had no objection to an adjournment but would like to get the matter moved along. Case Name: Simon Marius v The Queen [SLUHCRAP2017/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall make an application to the court in writing to be assigned a state attorney to represent him for the appeal. 2. The Registrar of the High Court shall assist the appellant in retrieving a copy of the Transcript of Proceedings from his lawyer in the previous appeal. 3. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022. Reason: The Court noted that the appellant had not written to the Court requesting that he be appointed a state attorney. Further, the transcript of the proceedings had not been retrieved from the appellant’s previous counsel. Case Name: Barry McMillan Hunte v The Queen [SLUHCRAP2020/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms.Chanika Carrington Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 to allow the appellant to get legal representation for his 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: The Court was informed that the appellant does not have legal representation, however he is receiving assistance in getting this done and that he has requested extra time to enable him to do so. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at this hearing, but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to be present to indicate whether he is still interested in prosecuting his 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: The Court noted that the Certificate of Status Hearing dated 2nd November 2021 had been served on the appellant on 3rd February 2022, however the appellant was not present in court. Case Name: Ian Paul v SPC 144 Leon [SLUMCRAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall make inquiries from the Distinct Court in relation to the provision of the electronic notes of evidence produced in this matter and shall update the court and the parties accordingly. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022, for update. Reason: Counsel for the appellant and the appellant were absent from the hearing and therefore no update could be provided as to whether the appellant has had any success in retrieving the notes of evidence from the district court. Case Name: Wilfred Karl Daniel v The Queen [SLUMCRAP2018/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Fergusson John Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 6th May 2022, 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 of appeal for Saint Lucia scheduled for 30th May 2022. Reason: The appellant was still without the Record of Appeal from the Magistrate’s Court. Case Name: Sgt. Hilary Emmanuel 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chanika Carrington Respondent: No appearance Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 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: The Court was informed by way of an affidavit of non- service filed by Mr. Jn Baptiste De Leon on 27th January 2022 that he attempted to serve the appellant but was unsuccessful. The affidavit deposed that at the time of attempt of service the appellant, by way of telephone, informed Mr. De Leon that he was not interested in the appeal. The Court also noted that the respondent was not served to be present as there was a misunderstanding as to which of the parties the Crown represented. Case Name: Cervin Niven Griffin v The Police CPL 571 Lesporis [SLUMCRAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall continue efforts to cause the Record of appeal to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the Record of appeal. 3. The matter will be relisted at the next status hearing upon availability of the Record of appeal 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 appellant and shall provide proof of service thereafter. Reason: The Court noted the non-service of the Certificate of Result of Status Hearing dated 2nd November 2021 on the appellant as he could not be found. Further, the Court received an update from the Senior Magistrate filed on 24th February 2022 stating that the notes of the proceedings were now in the possession of former Magistrate Moise due to difficulty understanding his handwriting. The court is assisting the Magistrate and will have the transcriber make the records available as soon possible. Case Name: Robert Joseph v Commissioner of Police [SLUMCRAP2019/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia scheduled for 30th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: Counsel for the appellant was not present at the hearing to indicate to the Court whether the appellant is still interested in prosecuting the appeal. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The parties shall agree and file a supplemental record of appeal containing the questions asked during cross examination on or before 25th March 2022. 2. The appellant shall file and serve written submissions with authorities on or before 15th April 2022 3. The respondent shall file and serve written submissions with authorities on or before 15th May 2022. 4. The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 31st May 2022. 5. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6th June 2022. Reason: Counsel for the appellant indicated in the previous Status Hearing that the record of appeal obtained from the magistrate’s notes were incomplete. Counsel informed the Court that he was able to retrieve the questions to the answers in the record which were missing and will prepare same for inclusion in the Record of Appeal. The matter was otherwise ready to proceed.
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EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEO CONFERENCE SAINT LUCIA TUESDAY 1 st MARCH 2022 Case Name: Evariste Ambrose v Antoine Baptiste [SLUHCVAP2015/0029] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis- Harris Respondent: Ms. Leandra Verneuil 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 Saint Lucia scheduled for 30 th May 2022, to allow counsel for the appellant to take instructions from the appellant as to how to proceed with this matter. Reason: The matter was adjourned to the next status hearing to allow counsel for the appellant to take instructions as to how he wishes to proceed with the matter. Case Name: Lazarus Paul v Rachel Willie- Trotman [SLUHCVAP2017/0049] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris 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 Saint Lucia scheduled for 30 th May 2022 to allow the parties to continue settlement discussions. Reason: The matter was adjourned to allow ongoing settlement discussions between the parties to continue. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson Issues: Status of the Matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:
[1]Anne Marie Donnelly
[2]Dorothy Donnelly Heirs at Law in the Estate of the late Irena Edwin aka Irena Luison (nee) Donelly aka Irena Donelly v
[3]Glenda Antonia Donnelly [SLUHCVAP2019/0008] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: No appearance Respondents: Mrs. Edith Petra Jeffrey-Nelson with Mr. Sahleem Charles 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 for Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0018] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Edith Petra Jeffrey-Nelson 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 Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name:
[1]Lydia B. Faisal
[2]Paul Laurencin Louison aka Laurencin Louison
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned to allow counsel for the respondent to file an application to strike out the appeal. Case Name: James Jacques Valton v Heirs of Simeon Cherry Represented by Earl Huntley [SLUHCVAP2019/0009] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Eghan Modeste 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 Saint Lucia scheduled for 30 th May 2022.
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 for the respondent requested an adjournment to allow the parties to continue settlement discussions. Case Name: Raphael Charlemagne v
[1]The Attorney General
[2]Saint Lucia National Housing Corporation (formerly St.Lucia Housing Authority) [SLUHCVAP2019/0025] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Antonia Charlemagne with Ms. Rochelle John Charles for the 1 st respondent Mrs. Edith Petra Jeffrey-Nelson for the 2 nd respondent Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application to strike out the appeal filed by the 1 st respondent on 25 th February 2022, the matter is removed from the status hearing list pending the determination of the application. 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 informed the court that an application to strike out the appeal was filed by the 1 st respondent. Counsel for the 2 nd respondent indicated that the 2 nd respondent had been served and intends to support the 1 st respondent’s application. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2021/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie- Ange Symmonds Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED:
1.The appellant shall file and serve written submissions with authorities on or before 16 th March 2022.
2.The respondent is at liberty to file and serve written submissions with authorities on or before 18 th April 2022.
3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary on or before 3 rd May 2022.
4.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6 th June 2022.
5.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 Court noted that the appellant had complied with the directions from the previous status hearing and in so doing, the necessary documents which included the amended recorded of appeal and the application to have the matter migrated to the E-Litigation portal, had been served on the respondent. Case Name: Luvina Joseph v
[1]William Gomez
[2]Albert Gomez [SLUHCVAP2018/0030] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Ephraim Edgar 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 Saint Lucia scheduled for 30 th May 2022, unless a Notice of Discontinuance is sooner filed. Reason: Counsel for the respondent indicated that the matter had been resolved between the parties and all that was left was for the appellant to file a Notice of Discontinuance. Case Name: Caribbean Agricultural and Manufacturing Industries Limited (CAAMIL) v Kimlan Mason [SLUHCVAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance of respondent who is self-represented Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether it is interested in prosecuting the 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 the appellant filed its notice of appeal on 17 th January 2018 but has not taken any further steps since that time. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson- Ouhla Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow counsel for the appellant to make contact with the appellant to take instructions on the progress of the appeal.
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 for the appellant indicated that she has not been able to contact the appellant who resides outside of Saint Lucia but maintains her effort to do so. In the circumstances, counsel requested some time to establish contact with the appellant. Case Name:
[1]Eldon Wilson
[2]Donny Camille
[3]Miriam Holt v Lance Willie (Qua Administrator of the Estate of George Willie) [SLUHCVAP2020/0006] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cleopatra McDonald Respondent: Ms. Lydia Faisal Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The parties shall agree to the documents to be included in the record of appeal and the appellant shall file and serve the record of appeal on or before 15 th March 2022.
2.The appellants shall file and serve written submissions with authorities on or before 15 th April 2022.
3.The respondent shall file and serve written submissions with authorities on or before 16 th May 2022.
4.The appellants are at liberty to file and serve written submissions with authorities in reply if necessary on or before 31 st May 2022.
5.The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: The matter is ready to proceed. The Court however noted the notice of unavailability of transcript filed on 4 th November 2021 as a recording of the proceedings were not available. Case Name: The Landings Proprietors Unit Plan No. 2 of 2007 ( also known as the Landings Body Corporate or the Landings BC ) v The Development Control Authority [SLUHCVAP2019/0019] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: Ms. Sueanna Frederick-Fevrier Mr. Mark Maragh for Two Seas Limited (interested party) Mr. Rene Williams holding a watching brief for the Attorney General Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The respondents shall file and serve written submissions with authorities on or before 8 th April 2022.
2.The appellants are at liberty to file and serve written submissions with authorities in reply on or before 25 th April 2022.
3.The hearing of the appeal is fixed for the next sitting of the court of appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: The matter was ready to proceed to hearing before the Full Court. Case Name: ROMAULD HARTE v PERRY LONGVILLE [SLUMCVAP2018/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 29 th April 2022, 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 of appeal for Saint Lucia scheduled for 30 th May 2022.
3.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 for the respondent indicated that he had recently been retained in the matter and had not been able to take proper instructions. The Court also noted that since that last status hearing there has been no update by the Senior Magistrate on the Record of Appeal in the matter. Case Name: HOLLINDA ALLEN ARTHUR v RAYMOND VOLEY [SLUMCVAP2018/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.Upon noting that the parties could not be located for service of a Notice of Hearing for today’s hearing, the matter is adjourned to the next Status Hearing of the court of appeal for Saint Lucia scheduled for 30 th May 2022.
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 matter was adjourned upon the Court noting the affidavits of non-service attesting that both the appellant and respondent were not served because they could not be found. Case Name: KENDALL CAUL v THE QUEEN [SLUHCRAP2017/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 had made an application for legal aid which had been lodged before the Legal Aid Board. Mr. Compton, who appeared amicus curiae from the Legal Aid Department informed the Court that the Legal Aid Board had been recently re-constituted and is still in the process of deciding how it wishes to proceed in relation to this matter. The Crown indicated that in the circumstances it will be necessary to ascertain the position of the Legal Aid Department before it can inform the Court on how it wishes to proceed with the matter. Case Name: Sherrington Burnie Preville v The Queen [SLUHCRAP2019/0001] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the appellant to make an application to the court in writing for the waiver of the transcript fees in this matter and for the appointment of a state attorney to represent him for the 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: The appellant sent a letter requesting a waiver of the transcript fees as well for the appointment of a state attorney. However, the letter was addressed to the “visiting justices” and not to the Court. The appellant was therefore requested to send a letter addressed to the Court for its consideration. Case Name: Bryan St.Martin v The Queen [SLUHCRAP2019/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the Registrar of the High Court to seek an update from the Legal Aid Board on the status of the appellant’s application for legal aid. 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 that the appellant’s family was extremely interested in pursuing the matter and has sourced funds for the transcript. The position of the administration of the legal aid clinic is that the grounds are right for the appellant to make an application for a state attorney. However, the Court was informed by Mr. Compton for the Legal Aid Department that the Legal Aid Board is still in the process of confirming its position in relation to this matter. The Court was of the view that once the appellant has confirmed the position of the Legal Aid Board then he can make an application to the Court in the alternative. The Crown indicated that it had no objection to an adjournment but would like to get the matter moved along. Case Name: Simon Marius v The Queen [SLUHCRAP2017/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Chanika Carrington Mr. Maurice Compton, Legal Aid Department, appearing amicus curiae Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant shall make an application to the court in writing to be assigned a state attorney to represent him for the appeal.
2.The Registrar of the High Court shall assist the appellant in retrieving a copy of the Transcript of Proceedings from his lawyer in the previous appeal.
3.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022. Reason: The Court noted that the appellant had not written to the Court requesting that he be appointed a state attorney. Further, the transcript of the proceedings had not been retrieved from the appellant’s previous counsel. Case Name: Barry McMillan Hunte v The Queen [SLUHCRAP2020/0002] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms.Chanika Carrington Issues: Status of the Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 to allow the appellant to get legal representation for his 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: The Court was informed that the appellant does not have legal representation, however he is receiving assistance in getting this done and that he has requested extra time to enable him to do so. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the appellant was served to be present at this hearing, but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to be present to indicate whether he is still interested in prosecuting his 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: The Court noted that the Certificate of Status Hearing dated 2 nd November 2021 had been served on the appellant on 3 rd February 2022, however the appellant was not present in court. Case Name: Ian Paul v SPC 144 Leon [SLUMCRAP2018/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court shall make inquiries from the Distinct Court in relation to the provision of the electronic notes of evidence produced in this matter and shall update the court and the parties accordingly.
2.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022, for update . Reason: Counsel for the appellant and the appellant were absent from the hearing and therefore no update could be provided as to whether the appellant has had any success in retrieving the notes of evidence from the district court. Case Name: Wilfred Karl Daniel v The Queen [SLUMCRAP2018/0007] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Fergusson John Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal to be prepared and served on the parties on or before 6 th May 2022, 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 of appeal for Saint Lucia scheduled for 30 th May 2022. Reason: The appellant was still without the Record of Appeal from the Magistrate’s Court. Case Name: Sgt. Hilary Emmanuel 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chanika Carrington Respondent: No appearance Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. 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 Court was informed by way of an affidavit of non-service filed by Mr. Jn Baptiste De Leon on 27 th January 2022 that he attempted to serve the appellant but was unsuccessful. The affidavit deposed that at the time of attempt of service the appellant, by way of telephone, informed Mr. De Leon that he was not interested in the appeal. The Court also noted that the respondent was not served to be present as there was a misunderstanding as to which of the parties the Crown represented. Case Name: Cervin Niven Griffin v The Police CPL 571 Lesporis [SLUMCRAP2017/0004] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The Senior Magistrate shall continue efforts to cause the Record of appeal to be prepared and served on the parties.
2.The matter is removed from the status hearing list pending the availability of the Record of appeal.
3.The matter will be relisted at the next status hearing upon availability of the Record of appeal 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 appellant and shall provide proof of service thereafter. Reason: The Court noted the non-service of the Certificate of Result of Status Hearing dated 2 nd November 2021 on the appellant as he could not be found. Further, the Court received an update from the Senior Magistrate filed on 24 th February 2022 stating that the notes of the proceedings were now in the possession of former Magistrate Moise due to difficulty understanding his handwriting. The court is assisting the Magistrate and will have the transcriber make the records available as soon possible. Case Name: Robert Joseph v Commissioner of Police [SLUMCRAP2019/0003] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia scheduled for 30 th May 2022 for the appellant to indicate whether he is still interested in prosecuting his appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and provide proof of service thereafter. Reason: Counsel for the appellant was not present at the hearing to indicate to the Court whether the appellant is still interested in prosecuting the appeal. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (SAINT LUCIA) Date: Tuesday 1st March 2022 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Ms. Chanika Carrington Issues: Status of Matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:
1.The parties shall agree and file a supplemental record of appeal containing the questions asked during cross examination on or before 25 th March 2022.
2.The appellant shall file and serve written submissions with authorities on or before 15 th April 2022
3.The respondent shall file and serve written submissions with authorities on or before 15 th May 2022.
4.The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 31 st May 2022.
5.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6 th June 2022. Reason: Counsel for the appellant indicated in the previous Status Hearing that the record of appeal obtained from the magistrate’s notes were incomplete. Counsel informed the Court that he was able to retrieve the questions to the answers in the record which were missing and will prepare same for inclusion in the Record of Appeal. The matter was otherwise ready to proceed.
| Run | Started | Status | Method | Paragraphs |
|---|---|---|---|---|
| 11331 | 2026-06-21 17:22:05.539335+00 | ok | pymupdf_layout_text | 4 |
| 1992 | 2026-06-21 08:12:45.7579+00 | ok | pymupdf_text | 634 |