Status Hearing – 11th October 2021

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING ANTIGUA AND BARBUDA 11th October 2021 Case Name: Treetops Garden Centre Limited v St. John’s Development Corporation [ANUHCVAP2014/0033] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Joanne Massiah Respondent: Mr. Damien Benjamin 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 in Antigua and Barbuda scheduled for 14th February 2022, unless a consent order is sooner filed. Reason: Counsel for the appellant indicated that she fell ill and was out of office for a considerable period of time. Counsel also indicated to the Court that counsel for both parties are advanced in settlement discussions and will continue efforts to obtain a consent order. The Court therefore adjourned the matter for counsel to conclude their settlement discussions. Case Name: Secraton Limited v Port Authority [ANUHCVAP2020/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondents: Ms. Talia DaCosta 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 in Antigua and Barbuda scheduled for 14th February 2022, to allow counsel for the appellant to obtain further instructions in this matter. Reason: Counsel for the appellant informed the Court that he is in the process of taking further instructions from the appellant in this matter, however he is facing some challenges. The Court also noted counsel for the respondent’s complaint that the matter has been languishing for some time and that she intends to make an appropriate application. The Court was of the view that the matter ought to be adjourned to allow counsel for the appellant to obtain further instructions from the appellant. Case Name: Big Banana Holding Company Limited v Kenroy Callicia [ANUHLTAP2019/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Justin L. Simon, QC Respondent: Ms. Eunica Anthony Victor Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall take the necessary steps to obtain the transcript of proceedings in this matter. 2. The matter is removed from the Status Hearing list pending the availability of the transcript. 3. The matter will be relisted at the next Status Hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. Reason: The Court noted that the transcript of proceedings was not yet available in the matter. The Court therefore gave the necessary directions for the transcript of proceedings to be provided to the parties by the High Court Registry. Case Name: Jessy Khouly v Edmond Mansoor [ANUHCVAP2019/0010] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Dr. David Dorsett 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 27th December 2021. 2. The appellant shall file and serve written submissions with authorities on or before 10th January, 2022. 3. The respondent shall file and serve written submissions with authorities on or before 10th February, 2022. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 18th February, 2022. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: Counsel for the appellant indicated to the Court that representation for the appellant has recently been regularised and he intends to file a notice of acting in the matter. Counsel indicated further that he would have to obtain all documents previously held by deceased Mr. John Fuller who represented the appellant previously. Counsel requested until January 2022 to obtain the documents from Mr. John Fuller’s office and file written submissions thereafter. The Court therefore gave directions to allow counsel time to file the relevant documents. Case Name: Jolly Beach Resort & Spa v Simone Sparman [ANUHCVAP2019/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Mr. Pete Semaj McKnight Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Counsel for the appellant shall take the necessary steps to obtain the transcript of the proceedings in this matter from an external transcriptionist. 2. The matter is removed from the Status Hearing list pending the availability of the transcript. 3. The matter will be listed at the next Status Hearing of the court on the availability of the transcript or on a date to be fixed by the Chief Registrar. Reason: Counsel for the appellant indicated that the court office wrote to the appellant to indicate the cost estimate given by the J&J court transcribers. He noted further that to date there has been no action taken by the appellant in light of this. The Court was of the view that it was therefore necessary to give directions for the acquisition of the transcript and the progression of the appeal. Case Name: Kier Construction Limited v

[1]Sundry Workers

[2]George Dexter Tavernier [ANUHLTAP2019/0007] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Safiya Roberts-Swatton Respondents: Mr. Cosbert Cumberbatch for the first respondent No appearance for the second respondent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to obtain the notes of evidence from the Industrial court and serve on the parties. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal in Antigua and Barbuda scheduled for 14th February, 2022. Reason: The Court noted that there was no transcript available and the notes of evidence of the President of the Industrial Court would be relied on. The matter was therefore adjourned to allow the High Court Registry to obtain the notes of evidence and serve it on the parties. Case Name: Lester Jones v Jumby Bay Island Company [ANUHLTAP2019/0002] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Mr. Justin L. Simon, QC Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions and authorities on or before 3rd December, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 7th January, 2022. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 24th January, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal was filed on 29th July 2021, however written submissions were still outstanding. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Antigua Commercial Bank v Mary E. Prophet [ANUHLTAP2018/0006] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Safiya Roberts-Swatton Respondent: Mr. Justin L. Simon, QC Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve The Record of Appeal along written submissions and authorities on or before 22nd November, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 17th December, 2021. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 7th January, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Cassandra Goodluck v Carlisle Bay Antigua t/a Carlisle Bay Resorts [ANUHLTAP2018/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mr. Chantal Thomas 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 1st November 2021. 2. The appellant shall file and serve written submissions with authorities on or before 1st December, 2021. 3. The respondent shall file and serve written submissions with authorities on or before 14th January, 2022. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31st January, 2022. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: George Kaersenhout v Domitilia James [ANUHLTAP2018/0010] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Victor Respondent: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar shall inquire from the Immigration Department as to whether there is any record of the respondent leaving the State. 2. The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14th February 2022. 3. The Registrar of the High Court shall serve a copy of the order on the respondent personally and shall provide proof of service thereafter. Reason: The Court noted that the respondent was not served to be present at the status hearing as the High Court was unable to locate the respondent. The Court therefore gave directions for the High Court Registry to make enquiries to locate the respondent and adjourned the matter to the next status hearing. Case Name: Jenifer Maynard v [1] The Attorney General [2] Public Service Commission [ANUHCVAP2017/0025] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondents: Mrs. Carla Brookes-Harris 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 11th November 2021. 2. The appellant shall file and serve written submissions with authorities on or before 10th December, 2021. 3. The respondent shall file and serve written submissions with authorities on or before 11th January, 2022. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31st January, 2022. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Police Service Commission v Wendel Robinson [ANUHCRAP2019/0004] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14th February 2022 to allow the parties to provide an update on the progress of the appeal. Reason: Dr. Dorsett, counsel for the appellant, indicated to the Court that the parties are in the process of mediation in relation to another matter between the same parties and that mediation may affect the outcome of this matter. Counsel for the appellant therefore asked for an adjournment to allow mediation to continue. The respondent disagreed with Dr. Dorsett’s representation and has informed that here are 3 matters before the court. One matter is before mediation (a High court matter), the other one is also before Justice Drysdale and the third is this appeal. However, in his opinion, the issue of the other two matters, including this appeal is not up for negotiation or mediation. Dr. Dorsett indicated that he is hoping that all issues involving the parties can be addressed and settled. The respondent noted further that he is not opposed to reconciliation; however, this was the first occasion that he was informed that the appellant wishes to have all three matters dealt with via mediation. The Court therefore adjourned the matter for counsel on both sides to discuss and provide an update regarding the appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondents: Mrs. Carla Brooks-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 Antigua and Barbuda for 14th February 2022 to allow the appellant to regularize the payment of the transcript of proceedings. Reason: The Court noted that the appellant had not yet paid for the transcript of proceedings and adjourned the matter for same to be regularized. Case Name: Trevor Santos v Horizon Construction Limited [ANUHCVAP2011/0015] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. E. Ann Henry, QC Respondent: Ms. Talia DaCosta 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 scheduled for 14th February 2022 unless a consent order is sooner filed. Reason: Counsel for the appellant indicated to the Court that the parties have found a way to resolve the dispute which is of some vintage. The Court noted that the parties are in the process of negotiation and expect to be in a position to file a draft consent order. The matter was therefore adjourned to give the parties an opportunity to finalise the consent order. Case Name: Ian Hughes v The Queen [ANUHCRAP2018/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jomokie Phillips holding for Ms. Tana’ania Small-Davis Respondents: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions 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 for Antigua and Barbuda scheduled for 14th February 2022 for the appellant to give an indication as to whether he intends to proceed with the appeal. Reason: Counsel for the appellant indicated that he would need some time to consider the position in relation to the process of this appeal and if it does proceed, the grounds of appeal. He therefore requested an adjournment of the matter. The Crown had no objections and the Court therefore granted the adjournment. Case Name: Joseph Peters v The Queen [ANUHCRAP2018/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones- Gittens holding papers for the Director of Public Prosecutions 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 for Antigua and Barbuda scheduled for 14th February 2022 to allow the appellant to make payment of the balance owed on the transcript of proceedings. Reason: The Court noted an indication from counsel for the appellant that the appellant is having financial difficulties and has therefore only made part payment for the transcript of proceedings. Counsel requested an adjournment to allow the appellant time to settle the payment of the transcript. There being no objection from the Crown, the Court granted the adjournment. Case Name: Katamwa Bright v The Queen [ANUHCRAP2018/0005] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mrs. Shannon Jones-Gittens Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent shall file and serve written submissions and authorities on or before 22nd November 2021. 2. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14th December 2021. 3. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February 2022. Reason: The Court noted that the Crown had not yet been able to complete their response as they were awaiting affidavit evidence from counsel who appeared in the court below. Counsel for the Crown requested an adjournment in order to have time to file the submissions. The Court was of the view that the adjournment ought to be granted. Case Name: Tejah Armstrong v The Queen [ANUHCRAP2016/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondents: Mrs. Shannon Jones-Gittens Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 30th December, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 28th January, 2022. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 11th February, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: Counsel for the appellant requested an adjournment for time to take further instructions from the appellant regarding the appeal as he was not aware that he was on record for this matter. In the circumstances, the Court granted the adjournment. Case Name: Dorian Marshall v The Queen [ANUHCRAP2020/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson and Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 6th December, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 28th January, 2022. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14th February, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the e-copy of the transcript of proceedings had not yet been uploaded to the Portal, but that the court office would do so. The Court was also of the view that directions were required for the further progress of the appeal. Case Name: Ndru Greaves v The Queen [ANUHCRAP2021/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent shall file and serve written submissions with authorities on or before 15th November, 2021. 2. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 30th November, 2021. 3. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal had been filed on 27th April 2021 and the appellant’s submissions were filed on 5th October 2021. The Court considered that further directions were needed for the progress of the appeal. Case Name: Errol Barnes v The Queen [ANUHCRAP2017/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Pete Semaj McKnight holding for Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to ensure the completion of the transcript of proceedings in this matter. 2. The matter is adjourned to the next Status Hearing of the Court for Antigua and Barbuda scheduled for 14th February 2022. Reason: The Court noted that counsel for the appellant had made an application to the court via letter for the transcript of proceedings to be provided free of charge. The Court therefore gave directions for the completion of the transcript and adjourned the matter. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on before 19th October 2021. 2. The matter is adjourned to the next Status Hearing of the Court for Antigua and Barbuda scheduled for 14th February 2022. Reason: The Court noted that the parties were not yet in receipt of the record of appeal and that the court was uncertain as to whether the record had been completed. In those circumstances the Court adjourned the matter for the High Court to provide the record of appeal. Case Name: Sheldon Aird v The Commissioner of Police [ANUMCRAP2019/0016] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Chief Magistrate shall provide a supplemental Record of Appeal including the detailed notes of evidence of the witnesses, the full reasons for decision for both the conviction and sentence in this matter and the minute of conviction and sentence, on or before 15th December, 2021, failing which the Chief Magistrate shall provide an affidavit stating the reasons for non-compliance. 2. The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14th February, 2022. Reason: The Court noted that the Chief Magistrate had not provided the notes of evidence and reasons for decision to complete the record of appeal. The Court therefore gave directions for this to be provided and adjourned the matter. Case Name: Tyree Smith v The Chief Magistrate [ANUMCRAP2020/0005] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon Noting that the Respondent has not been served with the Notice of Appeal the matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14th February, 2021 to allow the appellant to take the necessary steps to regularize service on the respondent and to indicate whether he is still interested in prosecuting this appeal. Reason: The Court noted that the notes of evidence and minute of conviction were missing from the record of appeal and the record only contained the reasons for decision. Counsel for the appellant also indicated to the Court that he had gotten the distinct impression that the appellant was no longer interested in pursuing the appeal and requested a final adjournment in order to seek further instructions from the appellant. The Court further noted that the notice of appeal had not been served on the respondent. In those circumstances, the Court adjourned the matter for service of the notice of appeal to be regularized and for counsel for the appellant to ascertain whether the appellant was interested in continuing the appeal. Case Name: Mignon Stafford v The Commissioner of Police [ANUMCRAP2020/0004] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 5th November, 2021. 2. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal was filed on 31st March 2021, the appellants submissions were filed on 31st August 2021 and the respondent’s skeleton arguments were filed on 29th September 2021. The Court therefore gave further directions for the appellant to file submissions in reply if necessary and fixed the hearing of the appeal at the next sitting of the Court. Case Name: Daren Leslise Dunnah v The Commissioner of Police [ANUMCRAP2019/0015] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dane Hamilton Jr. Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the request for an adjournment made by counsel for the appellant, the matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February 2022, to allow the appellant to make an application to regularize the appeal. Reason: Counsel for the appellant requested an adjournment in order to make an application to regularize service of the record of appeal on the respondent. In the circumstances, the Court granted the adjournment. Case Name: Waltham Lewis v John Duberry [ANUMCRAP2018/0002] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kwame L. Simon holding papers for Ms. Nelleen Murdock Respondent: Mr. Pete-Semaj McKnight Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Chief Magistrate shall provide a further supplemental Record of Appeal including the Notes of Evidence in the court below and the detailed reasons for the decision, on or before 3rd December, 2021, failing which the Chief Magistrate shall provide an affidavit stating the reasons for non-compliance. 2. The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February, 2022. Reason: The Court noted on assessment that the record of appeal was incomplete, missing the notes of evidence and the reasons for decision. The Court also noted that there was an issue of representation for the appellant who may need to seek new counsel. The matter was therefore adjourned for these matters to be addressed. Case Name: Azizi Looby Harris v Louis Shopping Center [ANUMCVAP2019/0001] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 30th November, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 14th January, 2022. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31st January, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 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 directions were necessary for the progress of the appeal and accordingly gave same. Case Name: Peta-Ann Kelsick v Mario Winter T/a Island Press [ANUMCVAP2019/0002] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chantal Thomas Respondent: Mr. Kwame L. Simon Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 12th November, 2021. 2. The respondent shall file and serve written submissions with authorities on or before 13th December, 2021. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14th January, 2022. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21st February, 2022. Reason: The Court noted that the record of appeal was filed 30th July 2021 and that directions were necessary for the further progress of the appeal. The directions were accordingly given. Case Name: Wayne Thomas v Karen Gardner [ANUMCVAP2019/0004] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February, 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: There being no appearance by either party the matter was adjourned. Case Name: Vanroy Burns v Craig Christopher [ANUMCVAP2020/0004] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February, 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 Court noted that the parties had not been served to be present. The matter was therefore adjourned. Case Name: Akilah Anderson v Magistrate Craig Christopher [ANUMCVAP2020/0008] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February, 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 Court noted that the appellant was not served to be present. The matter was therefore adjourned to the next Status Hearing. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondents: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to serve a copy of the Record of Appeal on the respondent and shall provide proof of service thereafter. 2. The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14th February, 2022. Reason: The Court noted that the respondent was not served to be present at the hearing as the court has not been able to effect service. The matter was therefore adjourned to allow the High Court to continue efforts to serve the respondent. Case Name: Channel Abbot v Larry Abbot [ANUMCVAP2020/0003] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondents: Mr. Damien Benjamin 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 for Antigua and Barbuda scheduled for 14th February, 2022 to allow the parties to hold discussion on the matter. Reason: Counsel for both parties sought an adjournment of the matter. Counsel for the appellant indicated he was at a different chambers when the matter was filed and therefore he was uncertain as to the status of the appeal. Counsel for the respondent informed that he was recently retained and required further time to obtain further instructions from the client. Both counsel also indicated that they wished to hold discussions in an attempt to settle the matter. The Court therefore granted the adjournment. Case Name: Jessica Thompson v Steve Hurst [ANUMCVAP2020/0005] Date: Monday, 11th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14th February, 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: There being no appearance by either party the matter was adjourned.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING ANTIGUA AND BARBUDA th October 2021 Case Name: Treetops Garden Centre Limited v St. John’s Development Corporation [ANUHCVAP2014/0033] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Joanne Massiah Respondent: Mr. Damien Benjamin 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 in Antigua and Barbuda scheduled for 14 th February 2022, unless a consent order is sooner filed. Reason: Counsel for the appellant indicated that she fell ill and was out of office for a considerable period of time. Counsel also indicated to the Court that counsel for both parties are advanced in settlement discussions and will continue efforts to obtain a consent order. The Court therefore adjourned the matter for counsel to conclude their settlement discussions. Case Name: Secraton Limited v Port Authority [ANUHCVAP2020/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondents: Ms. Talia DaCosta 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 in Antigua and Barbuda scheduled for 14 th February 2022, to allow counsel for the appellant to obtain further instructions in this matter. Reason: Counsel for the appellant informed the Court that he is in the process of taking further instructions from the appellant in this matter, however he is facing some challenges. The Court also noted counsel for the respondent’s complaint that the matter has been languishing for some time and that she intends to make an appropriate application. The Court was of the view that the matter ought to be adjourned to allow counsel for the appellant to obtain further instructions from the appellant. Case Name: Big Banana Holding Company Limited v Kenroy Callicia [ANUHLTAP2019/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Justin L. Simon, QC Respondent: Ms. Eunica Anthony Victor Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

[1]Sundry Workers

[2]George Dexter Tavernier [ANUHLTAP2019/0007] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Safiya Roberts-Swatton Respondents: Mr. Cosbert Cumberbatch for the first respondent No appearance for the second respondent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall take the necessary steps to obtain the transcript of proceedings in this matter.

2.The matter is removed from the Status Hearing list pending the availability of the transcript.

3.The matter will be relisted at the next Status Hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar. Reason: The Court noted that the transcript of proceedings was not yet available in the matter. The Court therefore gave the necessary directions for the transcript of proceedings to be provided to the parties by the High Court Registry. Case Name: Jessy Khouly v Edmond Mansoor [ANUHCVAP2019/0010] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Dr. David Dorsett 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 27 th December 2021.

2.The appellant shall file and serve written submissions with authorities on or before 10 th January, 2022.

3.The respondent shall file and serve written submissions with authorities on or before 10 th February, 2022.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 18 th February, 2022.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: Counsel for the appellant indicated to the Court that representation for the appellant has recently been regularised and he intends to file a notice of acting in the matter. Counsel indicated further that he would have to obtain all documents previously held by deceased Mr. John Fuller who represented the appellant previously. Counsel requested until January 2022 to obtain the documents from Mr. John Fuller’s office and file written submissions thereafter. The Court therefore gave directions to allow counsel time to file the relevant documents. Case Name: Jolly Beach Resort & Spa v Simone Sparman [ANUHCVAP2019/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Mr. Pete Semaj McKnight Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.Counsel for the appellant shall take the necessary steps to obtain the transcript of the proceedings in this matter from an external transcriptionist.

2.The matter is removed from the Status Hearing list pending the availability of the transcript.

3.The matter will be listed at the next Status Hearing of the court on the availability of the transcript or on a date to be fixed by the Chief Registrar. Reason: Counsel for the appellant indicated that the court office wrote to the appellant to indicate the cost estimate given by the J&J court transcribers. He noted further that to date there has been no action taken by the appellant in light of this. The Court was of the view that it was therefore necessary to give directions for the acquisition of the transcript and the progression of the appeal. Case Name: Kier Construction Limited v

1.The Registrar of the High Court shall continue efforts to obtain the notes of evidence from the Industrial court and serve on the parties.

2.The matter is adjourned to the next Status Hearing of the Court of Appeal in Antigua and Barbuda scheduled for 14 th February, 2022. Reason: The Court noted that there was no transcript available and the notes of evidence of the President of the Industrial Court would be relied on. The matter was therefore adjourned to allow the High Court Registry to obtain the notes of evidence and serve it on the parties. Case Name: Lester Jones v Jumby Bay Island Company [ANUHLTAP2019/0002] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kyle Kentish holding papers for Mr. Kendrickson Kentish Respondent: Mr. Justin L. Simon, QC Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions and authorities on or before 3 rd December, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 7 th January, 2022.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 24 th January, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal was filed on 29 th July 2021, however written submissions were still outstanding. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Antigua Commercial Bank v Mary E. Prophet [ANUHLTAP2018/0006] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Safiya Roberts-Swatton Respondent: Mr. Justin L. Simon, QC Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve The Record of Appeal along written submissions and authorities on or before 22 nd November, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 17 th December, 2021.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 7 th January, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Cassandra Goodluck v Carlisle Bay Antigua t/a Carlisle Bay Resorts [ANUHLTAP2018/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mr. Chantal Thomas 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 1 st November 2021.

2.The appellant shall file and serve written submissions with authorities on or before 1 st December, 2021.

3.The respondent shall file and serve written submissions with authorities on or before 14 th January, 2022.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31 st January, 2022.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: George Kaersenhout v Domitilia James [ANUHLTAP2018/0010] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Eunica Victor Respondent: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar shall inquire from the Immigration Department as to whether there is any record of the respondent leaving the State.

2.The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14 th February 2022.

3.The Registrar of the High Court shall serve a copy of the order on the respondent personally and shall provide proof of service thereafter. Reason: The Court noted that the respondent was not served to be present at the status hearing as the High Court was unable to locate the respondent. The Court therefore gave directions for the High Court Registry to make enquiries to locate the respondent and adjourned the matter to the next status hearing. Case Name: Jenifer Maynard v

[1]The Attorney General

[2]Public Service Commission [ANUHCVAP2017/0025] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondents: Mrs. Carla Brookes-Harris 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 11 th November 2021.

2.The appellant shall file and serve written submissions with authorities on or before 10 th December, 2021.

3.The respondent shall file and serve written submissions with authorities on or before 11 th January, 2022.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31 st January, 2022.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal and written submissions were still outstanding to be filed. Accordingly, the Court gave directions for the progress of the appeal. Case Name: Police Service Commission v Wendel Robinson [ANUHCRAP2019/0004] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Dr. David Dorsett Respondent: In person Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14 th February 2022 to allow the parties to provide an update on the progress of the appeal. Reason: Dr. Dorsett, counsel for the appellant, indicated to the Court that the parties are in the process of mediation in relation to another matter between the same parties and that mediation may affect the outcome of this matter. Counsel for the appellant therefore asked for an adjournment to allow mediation to continue. The respondent disagreed with Dr. Dorsett’s representation and has informed that here are 3 matters before the court. One matter is before mediation (a High court matter), the other one is also before Justice Drysdale and the third is this appeal. However, in his opinion, the issue of the other two matters, including this appeal is not up for negotiation or mediation. Dr. Dorsett indicated that he is hoping that all issues involving the parties can be addressed and settled. The respondent noted further that he is not opposed to reconciliation; however, this was the first occasion that he was informed that the appellant wishes to have all three matters dealt with via mediation. The Court therefore adjourned the matter for counsel on both sides to discuss and provide an update regarding the appeal. Case Name: Shenett Jacobs v The Attorney General of Antigua and Barbuda [ANUHCVAP2018/0049] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondents: Mrs. Carla Brooks-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 Antigua and Barbuda for 14 th February 2022 to allow the appellant to regularize the payment of the transcript of proceedings. Reason: The Court noted that the appellant had not yet paid for the transcript of proceedings and adjourned the matter for same to be regularized. Case Name: Trevor Santos v Horizon Construction Limited [ANUHCVAP2011/0015] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. E. Ann Henry, QC Respondent: Ms. Talia DaCosta 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 scheduled for 14 th February 2022 unless a consent order is sooner filed. Reason: Counsel for the appellant indicated to the Court that the parties have found a way to resolve the dispute which is of some vintage. The Court noted that the parties are in the process of negotiation and expect to be in a position to file a draft consent order. The matter was therefore adjourned to give the parties an opportunity to finalise the consent order. Case Name: Ian Hughes v The Queen [ANUHCRAP2018/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jomokie Phillips holding for Ms. Tana’ania Small-Davis Respondents: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions 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 for Antigua and Barbuda scheduled for 14 th February 2022 for the appellant to give an indication as to whether he intends to proceed with the appeal. Reason: Counsel for the appellant indicated that he would need some time to consider the position in relation to the process of this appeal and if it does proceed, the grounds of appeal. He therefore requested an adjournment of the matter. The Crown had no objections and the Court therefore granted the adjournment. Case Name: Joseph Peters v The Queen [ANUHCRAP2018/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones- Gittens holding papers for the Director of Public Prosecutions 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 for Antigua and Barbuda scheduled for 14 th February 2022 to allow the appellant to make payment of the balance owed on the transcript of proceedings. Reason: The Court noted an indication from counsel for the appellant that the appellant is having financial difficulties and has therefore only made part payment for the transcript of proceedings. Counsel requested an adjournment to allow the appellant time to settle the payment of the transcript. There being no objection from the Crown, the Court granted the adjournment. Case Name: Katamwa Bright v The Queen [ANUHCRAP2018/0005] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mrs. Shannon Jones-Gittens Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent shall file and serve written submissions and authorities on or before 22 nd November 2021.

2.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14 th December 2021.

3.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February 2022. Reason: The Court noted that the Crown had not yet been able to complete their response as they were awaiting affidavit evidence from counsel who appeared in the court below. Counsel for the Crown requested an adjournment in order to have time to file the submissions. The Court was of the view that the adjournment ought to be granted. Case Name: Tejah Armstrong v The Queen [ANUHCRAP2016/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondents: Mrs. Shannon Jones-Gittens Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 30 th December, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 28 th January, 2022.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 11 th February, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: Counsel for the appellant requested an adjournment for time to take further instructions from the appellant regarding the appeal as he was not aware that he was on record for this matter. In the circumstances, the Court granted the adjournment. Case Name: Dorian Marshall v The Queen [ANUHCRAP2020/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson and Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 6 th December, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 28 th January, 2022.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14 th February, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the e-copy of the transcript of proceedings had not yet been uploaded to the Portal, but that the court office would do so. The Court was also of the view that directions were required for the further progress of the appeal. Case Name: Ndru Greaves v The Queen [ANUHCRAP2021/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent shall file and serve written submissions with authorities on or before 15 th November, 2021.

2.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 30 th November, 2021.

3.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal had been filed on 27 th April 2021 and the appellant’s submissions were filed on 5 th October 2021. The Court considered that further directions were needed for the progress of the appeal. Case Name: Errol Barnes v The Queen [ANUHCRAP2017/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Pete Semaj McKnight holding for Mr. Lawrence Daniels Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to ensure the completion of the transcript of proceedings in this matter.

2.The matter is adjourned to the next Status Hearing of the Court for Antigua and Barbuda scheduled for 14 th February 2022. Reason: The Court noted that counsel for the appellant had made an application to the court via letter for the transcript of proceedings to be provided free of charge. The Court therefore gave directions for the completion of the transcript and adjourned the matter. Case Name: Alex Joseph v The Commissioner of Police [ANUMCRAP2018/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties on before 19 th October 2021.

2.The matter is adjourned to the next Status Hearing of the Court for Antigua and Barbuda scheduled for 14 th February 2022. Reason: The Court noted that the parties were not yet in receipt of the record of appeal and that the court was uncertain as to whether the record had been completed. In those circumstances the Court adjourned the matter for the High Court to provide the record of appeal. Case Name: Sheldon Aird v The Commissioner of Police [ANUMCRAP2019/0016] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall provide a supplemental Record of Appeal including the detailed notes of evidence of the witnesses, the full reasons for decision for both the conviction and sentence in this matter and the minute of conviction and sentence, on or before 15 th December, 2021, failing which the Chief Magistrate shall provide an affidavit stating the reasons for non-compliance.

2.The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14 th February, 2022. Reason: The Court noted that the Chief Magistrate had not provided the notes of evidence and reasons for decision to complete the record of appeal. The Court therefore gave directions for this to be provided and adjourned the matter. Case Name: Tyree Smith v The Chief Magistrate [ANUMCRAP2020/0005] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon Noting that the Respondent has not been served with the Notice of Appeal the matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14 th February, 2021 to allow the appellant to take the necessary steps to regularize service on the respondent and to indicate whether he is still interested in prosecuting this appeal. Reason: The Court noted that the notes of evidence and minute of conviction were missing from the record of appeal and the record only contained the reasons for decision. Counsel for the appellant also indicated to the Court that he had gotten the distinct impression that the appellant was no longer interested in pursuing the appeal and requested a final adjournment in order to seek further instructions from the appellant. The Court further noted that the notice of appeal had not been served on the respondent. In those circumstances, the Court adjourned the matter for service of the notice of appeal to be regularized and for counsel for the appellant to ascertain whether the appellant was interested in continuing the appeal. Case Name: Mignon Stafford v The Commissioner of Police [ANUMCRAP2020/0004] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mrs. Shannon Jones-Gittens holding papers for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 5 th November, 2021.

2.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal was filed on 31 st March 2021, the appellants submissions were filed on 31 st August 2021 and the respondent’s skeleton arguments were filed on 29 th September 2021. The Court therefore gave further directions for the appellant to file submissions in reply if necessary and fixed the hearing of the appeal at the next sitting of the Court. Case Name: Daren Leslise Dunnah v The Commissioner of Police [ANUMCRAP2019/0015] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dane Hamilton Jr. Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the request for an adjournment made by counsel for the appellant, the matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February 2022, to allow the appellant to make an application to regularize the appeal. Reason: Counsel for the appellant requested an adjournment in order to make an application to regularize service of the record of appeal on the respondent. In the circumstances, the Court granted the adjournment. Case Name: Waltham Lewis v John Duberry [ANUMCRAP2018/0002] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Kwame L. Simon holding papers for Ms. Nelleen Murdock Respondent: Mr. Pete-Semaj McKnight Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall provide a further supplemental Record of Appeal including the Notes of Evidence in the court below and the detailed reasons for the decision, on or before 3 rd December, 2021, failing which the Chief Magistrate shall provide an affidavit stating the reasons for non-compliance.

2.The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February, 2022. Reason: The Court noted on assessment that the record of appeal was incomplete, missing the notes of evidence and the reasons for decision. The Court also noted that there was an issue of representation for the appellant who may need to seek new counsel. The matter was therefore adjourned for these matters to be addressed. Case Name: Azizi Looby Harris v Louis Shopping Center [ANUMCVAP2019/0001] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondent: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 30 th November, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 14 th January, 2022.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 31 st January, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 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 directions were necessary for the progress of the appeal and accordingly gave same. Case Name: Peta-Ann Kelsick v Mario Winter T/a Island Press [ANUMCVAP2019/0002] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Chantal Thomas Respondent: Mr. Kwame L. Simon Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 12 th November, 2021.

2.The respondent shall file and serve written submissions with authorities on or before 13 th December, 2021.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 14 th January, 2022.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Antigua and Barbuda during the week commencing 21 st February, 2022. Reason: The Court noted that the record of appeal was filed 30 th July 2021 and that directions were necessary for the further progress of the appeal. The directions were accordingly given. Case Name: Wayne Thomas v Karen Gardner [ANUMCVAP2019/0004] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February, 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: There being no appearance by either party the matter was adjourned. Case Name: Vanroy Burns v Craig Christopher [ANUMCVAP2020/0004] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February, 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 Court noted that the parties had not been served to be present. The matter was therefore adjourned. Case Name: Akilah Anderson v Magistrate Craig Christopher [ANUMCVAP2020/0008] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February, 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 Court noted that the appellant was not served to be present. The matter was therefore adjourned to the next Status Hearing. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Warren Cassell Respondents: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to serve a copy of the Record of Appeal on the respondent and shall provide proof of service thereafter.

2.The matter is adjourned to the next status hearing of the court for Antigua and Barbuda scheduled for 14 th February, 2022. Reason: The Court noted that the respondent was not served to be present at the hearing as the court has not been able to effect service. The matter was therefore adjourned to allow the High Court to continue efforts to serve the respondent. Case Name: Channel Abbot v Larry Abbot [ANUMCVAP2020/0003] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Wendel Robinson Respondents: Mr. Damien Benjamin 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 for Antigua and Barbuda scheduled for 14 th February, 2022 to allow the parties to hold discussion on the matter. Reason: Counsel for both parties sought an adjournment of the matter. Counsel for the appellant indicated he was at a different chambers when the matter was filed and therefore he was uncertain as to the status of the appeal. Counsel for the respondent informed that he was recently retained and required further time to obtain further instructions from the client. Both counsel also indicated that they wished to hold discussions in an attempt to settle the matter. The Court therefore granted the adjournment. Case Name: Jessica Thompson v Steve Hurst [ANUMCVAP2020/0005] Date: Monday, 11 th October 2021 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next Status Hearing of the court for Antigua and Barbuda scheduled for 14 th February, 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: There being no appearance by either party the matter was adjourned.