Chamber Hearing – 24th September 2019

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 24th September 2019 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Adam Gobat (as Executor for the Estate of Oliver Gobat, deceased) v Island Heights Limited [ANUHCVAP2019/0015] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Justin L. Simon, QC (Chancellor Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal against the order of Wilkinson J dated 7th May 2019. 2. The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: Leewind Paints (1980) Limited Appellant/Respondent v

[1]Cosmas Phillips, Jr. & Renee Phillips (as Executors of the Estate of Cosmas Phillips) 1st Respondents/Applicants

[2]RBC Royal Bank of Canada 2nd Respondent/Counter-Appellant [ANUHCVAP2019/0002] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicants: Mr. Lawrence Daniels (Daniels, Phillips & Associates) Counter- Appellant: Mrs. C. Debra Burnette (Henry & Burnette) Respondent: Mr. Hugh C. Marshall (Marshall & Co) Issues: Application for notice of appeal and counter notice of appeal to be dismissed for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT: The application for the notice of appeal filed on 15th January 2019 and the counter notice of appeal filed on 25th January 2019 to be dismissed for want of prosecution is hereby dismissed. Reason: The Court noted that the delay in preparing the record of appeal for the prosecution of the appeal and the counter appeal was as a result of the unavailability of the transcript of the hearing. Case Name: Stuart A. Lockhart v [1] Valentina Nonini and Maurizio Pandini [2] The Disciplinary Committee [ANUHCVAP2019/0004] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett & Company) Respondent: Mrs. Andrea Roberts-Nicholas (Roberts & Co.) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the decision of the Disciplinary Committee dated 18th December 2019 is hereby dismissed. Reason: The Court was of the view that the applicant has not satisfied the requirements for the grant of a stay of execution of the decision of the Disciplinary Committee pending the determination of the appeal. Case Name: Antigua Flight Training Center v Eastern Caribbean Civil Aviation Authority [ANUHCVAP2014/0021] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Grace Norman Issue: Application for an extension of time - Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide the Court with proof of service of the application for an extension of time to apply for leave to appeal within 14 days of the date of this order. 2. The application is adjourned for further consideration at the next chamber hearing which is scheduled for 22nd October 2019. Reason: The Court noted that there is no proof of service of the application on the respondent. Case Name: Joseph W. Horsford (As sole administrator of the Estate of William Horsford, deceased) v Geoffrey Croft [ANUHCVAP2018/0045] IT IS HEREBY ORDERED THAT: (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Appellant: In person Respondent: Mr. Sylvester Carrott Issues: Application for unless order – Application for order pursuant to rules 62.14 and 25.1 of the Civil Procedure Rules 2000 – Application for appeal to proceed as summary appeal Result / Order: 1. The respondent’s application for an unless order is hereby dismissed. 2. The appellant’s application for the appeal to proceed as a summary appeal is hereby dismissed. 3. The matter shall be listed for case management by the Chief Registrar, within 14 days of the date of this order, at a date and time to be determined by the Chief Registrar in consultation with counsel. Reason: The Court was of the view that an unless order was not appropriate in the circumstances. The Court was also of the that the appeal should not proceed as a summary appeal as the issued raised require consideration of the full record of appeal. The Court also noted that there was no evidence of the parties’ agreement that the appeal should proceed as a summary appeal in accordance with rule 62.6 of the Civil Procedure Rules 2000. Case Name: Jude Jolie v Eastern Caribbean Civil Authority ANUHCVAP2018/0025 IT IS HEREBY ORDERED THAT: (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Ruggles Ferguson Issue: Application for leave to appeal Result / Order: 1. The applicant is granted leave to appeal against the decision of Smith J dated 17th July 2018. 2. The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirement for the grant of leave to appeal. Case Name: Gavin Williams v The Queen [ANUHCRAP2019/0002] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal against his conviction and sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court is to serve a copy of the application for leave to appeal and the order granting leave on the Director of Public Prosecutions. Reason: The Court was of the view that the applicant satisfied the threshold for the grant of leave to appeal against sentence and conviction. Case Name: Alston Gregory Rodney v [1] Magistrate Ngaio Emmanuel [2] The Commissioner of Police [ANUMCRAP2019/0002] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Vere C Bird III Respondent: The Director of Public Prosecutions Issues: Application for leave to appeal out of time – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of application filed on 26th March 2019 for an extension of time to file a notice of appeal and to deem the notice of appeal filed on 20th March 2019 properly filed is granted. 2. The stay of decision filed on 20th March 2019 is hereby dismissed. Reasons: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time. The Court was also of the view that the applicant did not provide any evidential basis for the grant of a stay of the decision. Case Name: Jolly Beach Resort & Spa V Simone Sparman [ANUHCVAP2019/0001] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Lawrence Daniels (Daniel Phillips & Associates) Respondent: Mr. Kendrickson Kentish (Lake & Kentish) Issue: Application for notice of appeal to be dismissed for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT: The application filed on 24th June 2019 that the notice of appeal filed on 10th January 2019 be dismissed for want of prosecution is refused. Reason: There is no notice of availability of transcript pursuant to rule 62.9(i) of the Civil Procedure Rules 2000. Case Name: Massimo Alemagna (By his Attorney Alessandra Alemagna) Respondent/Appellant v [1] McAlister Abbott [2] Eugene Abbott Respondents

[3]Michael Pigott Applicant/Respondent [ANUHCVAP2018/0031] (Antigua and Barbuda) Ms. Jacqueline L. Walwyn Date: Tuesday, 24th September 2019 On paper: Applicant/Respon dent: Mr. Kendrickson Kentish Respondent/Appel lant: Marshall & Co. 1st and 2nd Respondents: Issues: Application for appeal to be struck out Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide this Court with proof of service of the amended submissions and authorities in support of the application on the respondent within 14 days of this order. 2. The application is adjourned for further consideration at the next chamber hearing which is scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the amended submissions and authorities in support of the application for the notice of appeal to be struck out on the respondent. Case Name: Wayne Warrell v The Commissioner of Police [ANUMCRAP2019/0013] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issues: Application for leave to appeal against sentence – Application for extension of time within which to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal against sentence is granted. 2. The application for leave to appeal is granted and deemed properly filed. Reason: The Court was of the view that the applicant met the threshold requirements for the grant of an extension of time and for leave to appeal against sentence. Case Name: Wayne Warrell v The Queen [ANUHCRAP2019/0012] (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for leave to appeal against sentence - Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal against sentence is granted. 2. The application for leave to appeal is granted and deemed properly filed. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal against sentence and for an extension of time. Case Name: The Attorney General v Simon Riley [MNIHCVAP2019/0008] (Montserrat) Date: Tuesday, 24th September 2019 On paper: Appellant/Counter -Respondent: Mr. Sylvester Carrott Mrs. Sheree Jemmotte-Rodney (Attorney General’s Chambers) Respondent/Coun ter-Appellant: Issue: Application for stay of execution pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution pending the determination of the appeal is refused. Reason: The Court was of the view that based on the principles set out in the authorities such as C-Mobile Services Limited v Huawei Technologies Co. Ltd, the applicant did not satisfy the requirements for the grant of a stay of execution of the order of Justice Evans dated 1st July 2019. Case Name: Khani George v St. Luce Jno Lewis [DOMMCVAP2019/0004] (Commonwealth of Dominica) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Chief Magistrate shall furnish this Court with a copy of the decision of Magistrate Michael Bruney dated 4th May 2018 within 14 days of the date of this order. 2. The applicant shall provide proof of service of the application for leave to file an appeal out of time within 14 days of the date of this order. 3. This order is to be served on the Chief Magistrate and the applicant by the Registrar of the High Court. 4. The application for leave to file an appeal out of time is adjourned for further consideration to the next chamber hearing of the Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of compliance with the previous orders of the Court directing the applicant to: (i) provide a copy of the decision of the Magistrate; (ii) serve the respondent with a copy of the application; and (iii) provide proof of service. Case Name: Derwin Melrose Peltier v Jacinta Peltier Nee Jno, Lewis [DOMHCVAP2019/0001] (Commonwealth of Dominica) Date: Tuesday, 24th September 2019 On paper: Applicant: Dyer & Dyer Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal against the decision of Stephenson J dated 13th June 2019. 2. The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. Case Name: Edwin Chiddick v The Queen [GDAHCRAP2019/0012] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosections Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide this Court with the minute of conviction and sentence of the applicant within 14 days of the date of this order. 2. The Registrar of the High Court shall provide proof of service of the minute of conviction and sentence of the applicant on the Director of Public Prosecutions within 14 days of the date of this order. 3. The application is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22nd October 2019. Reason: The applicant did not provide the Court with the minute of conviction and sentence. Case Name: Bernard Blanc v The Queen [GDAHCRAP2019/0010] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is granted leave to appeal against his sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant has met the threshold requirement for the grant of leave to appeal against sentence. Case Name: The Attorney General of Grenada v [1] Shorn Braveboy [2] Letisha Lessey-Braveboy [GDAHCVAP2019/0015] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Dia C. Forrester, Solicitor General (Attorney General’s Chambers) Respondent: Henry, Henry & Bristol IT IS HEREBY ORDERED THAT: Issues: Application for leave to appeal – Application for a stay of execution Result / Order: 1. The applicant is granted leave to appeal the decision of Smith J dated 12th July 2019. 2. The applicant shall file the notice of appeal within 21 days of the date of this order. 3. The application for a stay of the orders of Smith J dated 12th July 2019 is hereby dismissed. 4. The hearing of the respondents’ application for garnishee orders against the applicant in claim no. GDAHCV2010/0247 is stayed pending the determination of the appeal. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. The Court was also satisfied that the circumstances warranted that the hearing of the respondents’ application for garnishee orders against the applicant in claim no. GDAHCV2010/0247 be stayed pending the determination of the appeal. Case Name: Isaac Joseph (Demise Charterer of M/V “Isabella” B v Matthew Blair [GDAHCVAP2019/0009] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Karen M.M. Samuel (Samuel Phillip & Associates) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the order of Smith J dated 3rd June 2019, for which leave to appeal is sought within 14 days of the date of this order. 2. The application for leave to appeal is adjourned for further consideration to the next chamber hearing of this Court which is scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of compliance with the previous order of the Court directing the applicant to file a copy of the order of Smith J dated 3rd June 2019 for which leave to appeal is being sought. Case Name: Chrispin Ramdeen v The Commissioner of Police [GDAMCRAP2019/0011] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for extension of time to seek leave to appeal – Application for leave to appeal against sentence Result/Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to seek leave to appeal. 2. The applicant is granted leave to appeal against his sentence. 3. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was of the view that the applicant met the requirements for the grant of an extension of time to seek leave to appeal. The Court was also satisfied that the applicant met the threshold for the grant of leave to appeal. Clive Connell Case Name: v The Commissioner of Police IT IS HEREBY ORDERED THAT: [GDAMCRAP2018/0021] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. C. Jerry Edwin (Eden Law Caribbean) Issue: Application for extension of time to seek leave to appeal Result / Order: The application for an extension of time to file notice of appeal is dismissed. Reason: The applicant failed to comply with the unless order of the Court directing him to file an affidavit in support of the application for an extension of time. Case Name: Venescia Francis-Banfield v The Watson Group Limited [GDAHCVAP2016/0024] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mrs. Venescia Francis-Banfield Respondent: Ms. Skeeta Chitan Issue: Application for extension of time – Relief from sanctions – Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The stay of execution is granted of the order and judgment of Justice Roberts dated 12th April 2016. 2. The notice of appeal filed 19th May 2016 is deemed properly filed and the applicant shall serve said notice of appeal on the respondent within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for a grant of extension of time and for a stay of execution. Further, there was no evidence of an objection by the respondent. Case Name: Dannel Bonaparte v The Queen [GDAHCRAP2019/0007] IT IS HEREBY ORDERED THAT: (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against sentence Result / Order: 1. Leave is granted to the applicant to appeal against his sentence. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for a grant of extension of time and for leave to appeal. Case Name: Jeffrey Derrick Christopher Aban v Enid Bissoon Aban [GDAHCVAP2019/0018] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Rohan A. Phillip (Lex Fidelis Chambers) Respondent: Ms. Celene Edwards (Law Office of George E.D. Clyne) IT IS HEREBY ORDERED THAT: Issues: Application for an extension of time within which to appeal – Application for a stay of execution pending determination of appeal Result / Order: 1. The applicant is granted an extension of time to file the notice of appeal. 2. The notice of appeal filed 8th August 2019 is deemed properly filed. 3. The application for a stay of execution of the decision of Adrien-Roberts J made 3rd April 2019 is granted pending the determination of the appeal. 4. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant has met the requirements for a grant of a stay and an extension of time to appeal. Case Name: [1] Karen Allen [2] Steven Fagen [3] Marie Carole Lidbetter v [1] Registrar of Companies [2] Financial Services Commissioner [3] Rueben Meade

[4]Fotis Andrianakos

[5]Panagiotis Andrianakos

[6]Montobacco Limited

[7]Emerald Metal Co. Limited

[8]888 International Limited

[9]Edmond Elbaz [MNIHCVAP2019/0006] In person (Montserrat) Date: Tuesday, 24th September 2019 On paper: Appellants/Applic ants: Ms. Renée A. R. D. Morgan 1st Respondent/Appli cant: IT IS HEREBY ORDERED THAT: Issues: Application for an extension of time within which to appeal – Application to strike out notice of appeal Result / Order: 1. The application to strike out the notice of appeal is dismissed. 2. The applicants are granted an extension of time to appeal the order of Justice Morley made 7th May 2019 in relation to Claim No. MNIHCVAP2018/0014 and MNIHCVAP2018/0026. 3. The notice of appeal filed on 18th June 2019 is deemed properly filed. 4. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the appellants/applicants satisfied the requirements for the grant of an extension of time. The Court was also of the view that the circumstances of the case did not warrant the exercise of its discretion to strike out the notice of appeal. Case Name: Ramsbury Properties Limited V Ocean View Construction Limited [SKBHCVAP2011/0020] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Walwynlaw Respondent: Cozier & Associates Issue: Application for leave to appeal to Her Majesty in Council – Application for a stay of execution – Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT: The notice of motion for leave to appeal to Her Majesty in Council and for a stay of execution of the judgment of the Court of Appeal and the notice of application filed by the respondent on 24th June 2019 for an extension of time to file submissions in response to the notice of motion are adjourned for consideration by the Full Court at the next sitting of the Court of Appeal in Saint Christopher and Nevis during the week commencing 11th November 2019. Case Name: [1] Minister of Agriculture, Lands Housing, Cooperatives & Fisheries [2] Nevis Housing and Land Development Corporation v Eustace Nisbett Mr. Terence V. Byron (Byron & Byron) [SKBHCVAP2019/0020] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Respondents/App ellants: Mr. Patrice D. Nisbett (Hector & Nisbett Law) Applicant/Respon dent: Issue: Application to strike notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application to strike out the notice of appeal is dismissed. Reason: The Court was of the view that it was not appropriate in the circumstances to strike out the notice of appeal. Case Name: Zephaniah Liburd V [1] Nevis Land Development Corporation [2] Minister of Agriculture and Lands [SKBHCVAP2019/0023] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. M. Angela Cozier (Cozier & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal the judgment of Glasgow J dated 20th June 2019 is granted. 2. The applicant shall file a notice of appeal within 21 days of the date of this order following which the appeal shall proceed in accordance with the Civil Procedure Rules. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: Dr. The Honourable Timothy Harris v Dr. The Honourable Denzil Douglas [SKBHCVAP2019/0020] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. D. Victor C. Elliot-Hamilton (Elliot Macclure) Respondent: Mrs. Angelina Gracy Sokoo-Bobb (Law Office of Sylvester Anthony) Issue: Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal the judgment of Ventose J dated 22nd July 2019 is granted. 2. The applicant shall file his notice of appeal within 21 days of the date of this order following which the appeal shall proceed in accordance with the Civil Procedure Rules 2000. 3. The application for a stay of execution of the judgment of Ventose J is adjourned to the hearing of the Full Court during the sitting of the Court of Appeal in the Federation of St. Kitts and Nevis during the week commencing 11th November 2019. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: St. Kitts-Nevis Football Association v [1] SOL Island Auto Conaree Football Club [2] Delwayne Delaney [SKBHCVAP2019/0022] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Vadeesha T.N. John (Johnson & Associates) Respondents: Grey’s Legal Chambers Issues: Application for appeal to be listed as urgent – Application for appeal to be considered on written submissions only IT IS HEREBY ORDERED THAT: Result / Order: The appeal is to first be case managed by the Chief Registrar. Reason: The Court was doubtful as to whether the appeal at this point can be considered an urgent appeal. Case Name: Lazarus Paul v [1] Raquel Willie-Trotman [2] Douglas Trotman [3] Teferi Trotman (minor acting herein and represented by his mother Raquel Willie-Trotman) [SLUHCVAP2017/0049] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: The Law Offices of Gerard Williams Respondent: Mrs. Wuaneen Louis-Harris Issue: Application for extension of time to appeal Result/Order : IT IS HEREBY ORDERED THAT: 1. The applicants shall serve the respondents with the notice of application for extension of time and provide proof of service of application within 14 days of the date of this order. 2. The application is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the application on the respondents. Case Name: Adelaide Joseph v Computron Limited [SLUHCVAP2019/0017] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Natalie Da Breo Ms. Paulette Francis Respondent: Issue: Application for stay pending hearing and determination of appeal Result/Order : IT IS HEREBY ORDERED THAT: The application for a stay of execution of the judgment of Cenac-Phulgence J is granted. Reason: The Court was of the view that the applicant satisfied the threshold requirements for the grant of a stay. Case Name: Dr. Shaelle Durand v St. Jude Hospital [SLUHCVAP2019/0020] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Lydia Faisal Respondent: In person Issue: Application for extension of time to file and serve notice of appeal Result/Order : IT IS HEREBY ORDERED THAT: 1. The appellant shall serve the notice of application on the respondent and provide proof of service thereof within 14 days of the date of this order. 2. The application is adjourned for further consideration to the chamber hearing of this Court scheduled for 22nd October 2019. Reason: The Court noted that there was no proof of service of the application on the respondent. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002A] (Saint Lucia) IT IS HEREBY ORDERED THAT: Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Dexter Theodore, QC (Theodore & Associates) Respondent: Mrs. Wauneen Louis-Harris Issue: Application to strike out notice of appeal Result/Order : The application to strike out the notice of appeal is dismissed. Reason: The Court was of the view that the circumstances of this case did not warrant the exercise of the Court’s discretion to strike out the notice of appeal. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] IT IS HEREBY ORDERED THAT: (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Dexter Theodore, QC (Theodore & Associates) Respondent: Mrs. Wauneen Louis-Harris Issues: Result/Order : 1. The application for further extension of time to file the record of appeal is granted. 2. The record of appeal filed on 26th June 2019 is deemed properly filed. 3. The application for an extension of time to file skeleton arguments is granted and the skeleton arguments filed 5th August 2019 is deemed properly filed. 4. The appellant shall serve the skeleton arguments with authorities on the respondent and provide proof of service. 5. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of further extension to file the record of appeal. Case Name: Urban St. Brice v The Attorney General [SLUHCVAP2018/0036] IT IS HEREBY ORDERED THAT: (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Natalie Da Breo Respondent: The Attorney General’s Chambers Issue: Application for leave to appeal in forma pauperis Result/Order : 1. The applicant is granted leave to appeal in forma pauperis. 2. The cost of filing documents shall be waived, and the applicant shall be allowed to file documents free of charge. 3. Leave is granted to the applicant to effect service by electronic means in accordance with Civil Procedure Rules 2000, Practice Directions 5 & 6, No. 1 of 2014. Reason: The Court was of the view that the applicant had satisfied the requirements for the grant of leave to appeal in forma pauperis. Case Name: Bank of Saint Lucia Limited Respondent/Petitioner v KFC Saint Lucia Company Applicant/Respondent La Marie Food Group (St. Lucia) Incorporated Deluxe Dry Cleaners (St. Lucia) Limited Philmore Davis Wendy Davis Interested Parties/Applicants [SLUHCMAP2019/0005] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Renee St. Rose Issue: Application for leave to appeal – Application for a stay of execution Result/Order : IT IS HEREBY ORDERED THAT: 1. The appellant shall serve the notice of application on the respondent and provide proof of service thereof within 14 days of the date of this order. 2. The application is adjourned for further consideration to the chamber hearing of this Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the application for a stay of execution on the respondent. Case Name: [1] Stephen Williams [2] Gellizeau King v Kissanda Williams (Substituted in place of Elste Elaine Williams) [SVGHCVAP2019/0013] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Richard O.F. Williams Respondents: Ms. Kassinda Williams Issue: Application for extension of time to file notice of appeal Result/Order : IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file the notice of appeal is granted. 2. The notice of appeal filed on 31st May 2019 is hereby deemed properly filed. Reason: The Court was of the view that the applicants met the requirements for the grant of an extension of time. Case Name: Nyasmeth John v The Queen [SVGHCRAP2018/0010] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person IT IS HEREBY ORDERED THAT: Issue: Application for bail pending appeal Result/Order : The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103, reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Denzil Sam v The Queen [SVGHCRAP2019/0012] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for leave to appeal – Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for bail pending appeal is refused. 2. Leave is granted to the applicant to appeal against his conviction and sentence. 3. The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal against his conviction and sentence. The Court was also of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103, reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Danile Baptiste v The Queen [SVGHCRAP2019/0015] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicant to appeal against his sentence and conviction. 2. The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal against his conviction and sentence. Case Name: Jervany Baptiste v Commissioner of Police [SVGMCRAP2019/0037] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result / IT IS HEREBY ORDERED THAT: Order: 1. The application for an extension of time within which to appeal against his sentence is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time within which to appeal. Case Name: Fay-Ann Durham v Brian Davis [SVGHCVAP2015/0015] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Maia Eustace Issue: Application by legal practitioner to be removed from record Result / Order: IT IS HEREBY ORDERED THAT: The application by Ms. Maia Eustace to be removed from the record as counsel for the respondent is granted. Reason: The Court was satisfied that the applicant satisfied the requirements in rule 63.6 of the Civil Procedure Rules 2000. Case Name: Molecia Hunter v The Commissioner of Police [SVGMCRAP2019/0038] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time within which to appeal against sentence filed on 21st June 2019 is granted. 2. The applicant shall file and serve her notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time within which to appeal. Case Name: Allan Wilson v The Queen [SVGHCRAP2019/0004] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person IT IS HEREBY ORDERED THAT: Respondent: The Director of Public Prosecutions Issue: Application for bail pending appeal Result / Order: The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103, reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Lennox Grant v Sacha Thomas-Robinson [SVGMCVAP2019/0007] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall, within 14 days of the date of this order, provide proof of service of the application by letter filed on 16th May 2019 for an extension of time within which to seek leave to appeal on the respondent. 2. The application for an extension of time within which to seek leave to appeal is adjourned for further consideration at the next chamber sitting of this Court scheduled for 22nd October 2019. Reason: There was no evidence of service of the application on the respondent. Case Name: Devon Francios v The Commissioner of Police [SVGMCRAP2019/0023] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time within which to appeal is dismissed. Reason: The applicant failed to comply with the previous orders of the Court directing him to file evidence by letter or otherwise outlining the reasons for his delay in filing an appeal and his proposed grounds of appeal. Case Name: Tyson John v The Queen [SVGHCRAP2019/0019] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The applicant shall file and serve the notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time to file the application for leave to appeal. Case Name: Terrence Smith v The Queen [SVGHCRAP2019/0006] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103, reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Kimron Thomas v The Commissioner of Police [SVGMCRAP2019/0028] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for leave to add additional grounds of appeal – Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is to serve the applications to add additional grounds of appeal and for bail pending the determination of the appeal both filed on 30th July 2019 on the Director of Public Prosecutions within 14 days of this order. 2. The applications to add additional grounds of appeal and for bail pending the determination of the appeal are adjourned for further consideration at the next chamber sitting of the Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the applications to add additional grounds and for bail pending the determination of the appeal on the Director of Public Prosecutions. Case Name: Majid Abdalla Juma Al-Sari v Commercial Bank of Dubai [BVIHCMAP2019/0008] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: Lennox Panton Respondent: Harney Westwood & Riegels LP Issue: Application by legal practitioner to be removed from the record Result / Order: IT IS HEREBY ORDERED THAT: The application for Lennox Paton to be removed from the record as counsel for the appellant is granted. Reason: The Court was satisfied that the applicant satisfied the requirements in rule 63.6 of the Civil Procedure Rules 2000. Case Name: Myett’s Enterprises Ltd v [1] Kimberly Cooke Leigh [2] Cheryl Couture [3] Cora Liburd [4] Veronica Bailey [5] Rudolph Stone [6] Luz Adell Francisco De Callwood [7] Sofia Small [8] Xiomara Luisa Rhymer Mason [9] Alexander Carina Henriques Industrus

[10]Carina Industrus

[11]Davina Gordon

[12]Ernie Carol Claxton [BVIHCVAP2019/0004] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Frank Walwyn (Dancia Penn & Co) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the judgment of Master Ermin Moise dated 8th July 2019. 2. The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of leave to appeal. Case Name: Emmerson International Corporation Respondent/Appellant v ABC Grandeservus Limited Applicant/Respondent Ms. Coleen Farrington [BVIHCMAP2019/0017] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant/Resp ondent: Mr. Timothy Wright Respondent/A ppellant: Issue: Application for extension of time to file and serve submissions in opposition to appeal – Application for leave to appeal – Application for extension of time to file counter-appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide this Court with proof of service of the application for extension of time to file and serve written submissions in opposition to the appeal on Emmerson International Corporation within 14 days of the date of this order. 2. The application for extension of time is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the application for an extension of time on the appellant. Case Name: [1] Sylvia Maduro-Dale [2] Lucia Chalwell v The Registrar of Lands [BVIHCVAP2010/0022] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: JS Archibald & Co. Respondent: Mrs. Joanne Williams-Roberts Issue: Application to be removed from the record as legal practitioner Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve the application and the affidavit in support and shall thereafter file an affidavit evidencing such service. 2. The application to be removed from the record is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22nd October 2019. Reason: The Court noted that there was no evidence of service of the application to be removed from the record on the appellants in accordance with rule 63.6(2) and 63.6(3) of the Civil Procedure Rules 2000.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th September 2019 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Adam Gobat (as Executor for the Estate of Oliver Gobat, deceased) v Island Heights Limited [ANUHCVAP2019/0015] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Justin L. Simon, QC (Chancellor Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

[1]Cosmas Phillips, Jr. & Renee Phillips (as Executors of the Estate of Cosmas Phillips) st Respondents/Applicants

[2]RBC Royal Bank of Canada nd Respondent/Counter-Appellant [ANUHCVAP2019/0002] (Antigua and Barbuda) chery Sai Date: Tuesday, 24 th September 2019 On paper: Applicants: Mr. Lawrence Daniels (Daniels, Phillips & Associates) Counter-Appellant: Mrs. C. Debra Burnette (Henry & Burnette) Respondent: Mr. Hugh C. Marshall (Marshall & Co) Issues: Application for notice of appeal and counter notice of appeal to be dismissed for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT: The application for the notice of appeal filed on 15 th January 2019 and the counter notice of appeal filed on 25 th January 2019 to be dismissed for want of prosecution is hereby dismissed. Reason: The Court noted that the delay in preparing the record of appeal for the prosecution of the appeal and the counter appeal was as a result of the unavailability of the transcript of the hearing. Case Name: Stuart A. Lockhart v

[3]Michael Pigott Applicant / Respondent [ [ANUHCVAP2018/0031] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant/Respondent: Ms. Jacqueline L. Walwyn Respondent/Appellant: Mr. Kendrickson Kentish st and 2 nd Respondents: Marshall & Co. Issues: Application for appeal to be struck out Result / Order: IT IS HEREBY ORDERED THAT:

[4]Fotis Andrianakos

[5]Panagiotis Andrianakos

[6]Montobacco Limited

[7]Emerald Metal Co. Limited

[8]888 International Limited

[9]Edmond Elbaz [MNIHCVAP2019/0006] (Montserrat) Date: Tuesday, 24th September 2019 On paper: Appellants/Applicants: In person st Respondent/Applicant: Ms. Ren ée A. R. D. Morgan Issues: Application for an extension of time within which to appeal – Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

[10]Carina Industrus

[11]Davina Gordon

[12]Ernie Carol Claxton [BVIHCVAP2019/0004] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Frank Walwyn (Dancia Penn & Co) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal against the order of Wilkinson J dated 7 th May 2019.

2.The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: Leewind Paints (1980) Limited Appellant/Respondent v

[1]Valentina Nonini and Maurizio Pandini

[2]The Disciplinary Committee [ANUHCVAP2019/0004] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett & Company) Respondent: Mrs. Andrea Roberts-Nicholas (Roberts & Co.) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the decision of the Disciplinary Committee dated 18 th December 2019 is hereby dismissed. Reason: The Court was of the view that the applicant has not satisfied the requirements for the grant of a stay of execution of the decision of the Disciplinary Committee pending the determination of the appeal. Case Name: Antigua Flight Training Center v Eastern Caribbean Civil Aviation Authority [ANUHCVAP2014/0021] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Grace Norman Issue: Application for an extension of time – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall provide the Court with proof of service of the application for an extension of time to apply for leave to appeal within 14 days of the date of this order.

2.The application is adjourned for further consideration at the next chamber hearing which is scheduled for 22 nd October 2019. Reason: The Court noted that there is no proof of service of the application on the respondent. Case Name: Joseph W. Horsford (As sole administrator of the Estate of William Horsford, deceased) v Geoffrey Croft [ANUHCVAP2018/0045] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Appellant: In person Respondent: Mr. Sylvester Carrott Issues: Application for unless order – Application for order pursuant to rules 62.14 and 25.1 of the Civil Procedure Rules 2000 – Application for appeal to proceed as summary appeal Result / Order: IT IS HEREBY ORDERED THAT: The respondent’s application for an unless order is hereby dismissed. The appellant’s application for the appeal to proceed as a summary appeal is hereby dismissed. The matter shall be listed for case management by the Chief Registrar, within 14 days of the date of this order, at a date and time to be determined by the Chief Registrar in consultation with counsel. Reason: The Court was of the view that an unless order was not appropriate in the circumstances. The Court was also of the that the appeal should not proceed as a summary appeal as the issued raised require consideration of the full record of appeal. The Court also noted that there was no evidence of the parties’ agreement that the appeal should proceed as a summary appeal in accordance with rule 62.6 of the Civil Procedure Rules 2000. Case Name: Jude Jolie v Eastern Caribbean Civil Authority ANUHCVAP2018/0025 (Antigua and Barbuda) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Ruggles Ferguson Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal against the decision of Smith J dated 17 th July 2018.

2.The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirement for the grant of leave to appeal. Case Name: Gavin Williams v The Queen [ANUHCRAP2019/0002] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal against his conviction and sentence.

2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court is to serve a copy of the application for leave to appeal and the order granting leave on the Director of Public Prosecutions. Reason: The Court was of the view that the applicant satisfied the threshold for the grant of leave to appeal against sentence and conviction. Case Name: Alston Gregory Rodney v

[1]Magistrate Ngaio Emmanuel

[2]The Commissioner of Police [ ANUMCRAP2019/0002] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Vere C Bird III Respondent: The Director of Public Prosecutions Issues: Application for leave to appeal out of time – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT:

1.The notice of application filed on 26 th March 2019 for an extension of time to file a notice of appeal and to deem the notice of appeal filed on 20 th March 2019 properly filed is granted.

2.The stay of decision filed on 20 th March 2019 is hereby dismissed. Reasons: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time. The Court was also of the view that the applicant did not provide any evidential basis for the grant of a stay of the decision. Case Name: Jolly Beach Resort & Spa V Simone Sparman [ ANUHCVAP2019/0001] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Lawrence Daniels (Daniel Phillips & Associates) Respondent: Mr. Kendrickson Kentish (Lake & Kentish) Issue: Application for notice of appeal to be dismissed for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT: The application filed on 24th June 2019 that the notice of appeal filed on 10 th January 2019 be dismissed for want of prosecution is refused. Reason: There is no notice of availability of transcript pursuant to rule 62.9(i) of the Civil Procedure Rules 2000. Case Name: Massimo Alemagna (By his Attorney Alessandra Alemagna) Respondent/Appellant v

[1]McAlister Abbott

[2]Eugene Abbott Respondents

1.The applicant shall provide this Court with proof of service of the amended submissions and authorities in support of the application on the respondent within 14 days of this order.

2.The application is adjourned for further consideration at the next chamber hearing which is scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the amended submissions and authorities in support of the application for the notice of appeal to be struck out on the respondent.

1.An extension of time is granted to the applicant to seek leave to appeal sentence.

3.Case Name: Wayne Warrell v The Commissioner of Police [ANUMCRAP2019/0013] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issues: Application for leave to appeal against sentence – Application for extension of time within which to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time within which to appeal against sentence is granted. The application for leave to appeal is granted and deemed properly filed. Reason: The Court was of the view that the applicant met the threshold requirements for the grant of an extension of time and for leave to appeal against sentence. Case Name: Wayne Warrell v The Queen [ANUHCRAP2019/0012] (Antigua and Barbuda) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for leave to appeal against sentence – Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time within which to appeal against sentence is granted. The application for leave to appeal is granted and deemed properly filed. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal against sentence and for an extension of time. Case Name: The Attorney General v Simon Riley [MNIHCVAP2019/0008] (Montserrat) Date: Tuesday, 24 th September 2019 On paper: Appellant/Counter-Respondent: Mrs. Sheree Jemmotte-Rodney (Attorney General’s Chambers) Respondent/Counter-Appellant: Mr. Sylvester Carrott Issue: Application for stay of execution pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution pending the determination of the appeal is refused. Reason: The Court was of the view that based on the principles set out in the authorities such as C-Mobile Services Limited v Huawei Technologies Co. Ltd , the applicant did not satisfy the requirements for the grant of a stay of execution of the order of Justice Evans dated 1 st July 2019. Case Name: Khani George v St. Luce Jno Lewis [DOMMCVAP2019/0004] (Commonwealth of Dominica) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall furnish this Court with a copy of the decision of Magistrate Michael Bruney dated 4 th May 2018 within 14 days of the date of this order.

2.The applicant shall provide proof of service of the application for leave to file an appeal out of time within 14 days of the date of this order.

3.This order is to be served on the Chief Magistrate and the applicant by the Registrar of the High Court.

4.The application for leave to file an appeal out of time is adjourned for further consideration to the next chamber hearing of the Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of compliance with the previous orders of the Court directing the applicant to: (i) provide a copy of the decision of the Magistrate; (ii) serve the respondent with a copy of the application; and (iii) provide proof of service. Case Name: Derwin Melrose Peltier v Jacinta Peltier Nee Jno, Lewis [DOMHCVAP2019/0001] (Commonwealth of Dominica) Date: Tuesday, 24 th September 2019 On paper: Applicant: Dyer & Dyer Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal against the decision of Stephenson J dated 13 th June 2019.

2.The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. Case Name: Edwin Chiddick v The Queen [GDAHCRAP2019/0012] (Grenada) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosections Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide this Court with the minute of conviction and sentence of the applicant within 14 days of the date of this order.

2.The Registrar of the High Court shall provide proof of service of the minute of conviction and sentence of the applicant on the Director of Public Prosecutions within 14 days of the date of this order.

3.The application is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The applicant did not provide the Court with the minute of conviction and sentence. Case Name: Bernard Blanc v The Queen [GDAHCRAP2019/0010] (Grenada) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant is granted leave to appeal against his sentence.

2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant has met the threshold requirement for the grant of leave to appeal against sentence. Case Name: The Attorney General of Grenada v

[1]Shorn Braveboy

[2]Letisha Lessey-Braveboy [GDAHCVAP2019/0015] (Grenada) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Dia C. Forrester, Solicitor General (Attorney General’s Chambers) Respondent: Henry, Henry & Bristol Issues: Application for leave to appeal – Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal the decision of Smith J dated 12 th July 2019.

2.The applicant shall file the notice of appeal within 21 days of the date of this order.

3.The application for a stay of the orders of Smith J dated 12 th July 2019 is hereby dismissed.

4.The hearing of the respondents’ application for garnishee orders against the applicant in claim no. GDAHCV2010/0247 is stayed pending the determination of the appeal. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. The Court was also satisfied that the circumstances warranted that the hearing of the respondents’ application for garnishee orders against the applicant in claim no. GDAHCV2010/0247 be stayed pending the determination of the appeal. Case Name: Isaac Joseph (Demise Charterer of M/V “Isabella” B v Matthew Blair [GDAHCVAP2019/0009] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Karen M.M. Samuel (Samuel Phillip & Associates) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file a copy of the order of Smith J dated 3 rd June 2019, for which leave to appeal is sought within 14 days of the date of this order.

2.The application for leave to appeal is adjourned for further consideration to the next chamber hearing of this Court which is scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of compliance with the previous order of the Court directing the applicant to file a copy of the order of Smith J dated 3 rd June 2019 for which leave to appeal is being sought. Case Name: Chrispin Ramdeen v The Commissioner of Police [GDAMCRAP2019/0011] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for extension of time to seek leave to appeal – Application for leave to appeal against sentence Result/Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to seek leave to appeal.

2.The applicant is granted leave to appeal against his sentence.

3.The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was of the view that the applicant met the requirements for the grant of an extension of time to seek leave to appeal. The Court was also satisfied that the applicant met the threshold for the grant of leave to appeal. Clive Connell Case Name: v The Commissioner of Police [GDAMCRAP2018/0021] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. C. Jerry Edwin (Eden Law Caribbean) Issue: Application for extension of time to seek leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time to file notice of appeal is dismissed. Reason: The applicant failed to comply with the unless order of the Court directing him to file an affidavit in support of the application for an extension of time. Case Name: Venescia Francis-Banfield v The Watson Group Limited [GDAHCVAP2016/0024] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mrs. Venescia Francis-Banfield Respondent: Ms. Skeeta Chitan Issue: Application for extension of time – Relief from sanctions – Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The stay of execution is granted of the order and judgment of Justice Roberts dated 12 th April 2016.

2.The notice of appeal filed 19 th May 2016 is deemed properly filed and the applicant shall serve said notice of appeal on the respondent within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for a grant of extension of time and for a stay of execution. Further, there was no evidence of an objection by the respondent. Case Name: Dannel Bonaparte v The Queen [GDAHCRAP2019/0007] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicant to appeal against his sentence.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for a grant of extension of time and for leave to appeal. Case Name: Jeffrey Derrick Christopher Aban v Enid Bissoon Aban [GDAHCVAP2019/0018] (Grenada) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. Rohan A. Phillip (Lex Fidelis Chambers) Respondent: Ms. Celene Edwards (Law Office of George E.D. Clyne) Issues: Application for an extension of time within which to appeal – Application for a stay of execution pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to file the notice of appeal.

2.The notice of appeal filed 8 th August 2019 is deemed properly filed.

3.The application for a stay of execution of the decision of Adrien-Roberts J made 3 rd April 2019 is granted pending the determination of the appeal.

4.The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant has met the requirements for a grant of a stay and an extension of time to appeal. Case Name:

[1]Karen Allen

[2]Steven Fagen

[3]Marie Carole Lidbetter v

[1]Registrar of Companies

[2]Financial Services Commissioner

[3]Rueben Meade

1.The application to strike out the notice of appeal is dismissed.

2.The applicants are granted an extension of time to appeal the order of Justice Morley made 7 th May 2019 in relation to Claim No. MNIHCVAP2018/0014 and MNIHCVAP2018/0026.

3.The notice of appeal filed on 18 th June 2019 is deemed properly filed.

4.The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the appellants/applicants satisfied the requirements for the grant of an extension of time. The Court was also of the view that the circumstances of the case did not warrant the exercise of its discretion to strike out the notice of appeal. Case Name: Ramsbury Properties Limited V Ocean View Construction Limited [SKBHCVAP2011/0020] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Walwynlaw Respondent: Cozier & Associates Issue: Application for leave to appeal to Her Majesty in Council – Application for a stay of execution – Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT: The notice of motion for leave to appeal to Her Majesty in Council and for a stay of execution of the judgment of the Court of Appeal and the notice of application filed by the respondent on 24 th June 2019 for an extension of time to file submissions in response to the notice of motion are adjourned for consideration by the Full Court at the next sitting of the Court of Appeal in Saint Christopher and Nevis during the week commencing 11 th November 2019. Case Name:

[1]Minister of Agriculture, Lands Housing, Cooperatives & Fisheries

[2]Nevis Housing and Land Development Corporation v Eustace Nisbett [SKBHCVAP2019/0020] (Saint Christopher and Nevis) Date: Tuesday, 24 th September 2019 On paper: Respondents/Appellants: Mr. Terence V. Byron (Byron & Byron) Applicant/Respondent: Mr. Patrice D. Nisbett (Hector & Nisbett Law) Issue: Application to strike notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application to strike out the notice of appeal is dismissed. Reason: The Court was of the view that it was not appropriate in the circumstances to strike out the notice of appeal. Case Name: Zephaniah Liburd V

[1]Nevis Land Development Corporation

[2]Minister of Agriculture and Lands [SKBHCVAP2019/0023] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. M. Angela Cozier (Cozier & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal the judgment of Glasgow J dated 20 th June 2019 is granted.

2.The applicant shall file a notice of appeal within 21 days of the date of this order following which the appeal shall proceed in accordance with the Civil Procedure Rules. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: Dr. The Honourable Timothy Harris v Dr. The Honourable Denzil Douglas [SKBHCVAP2019/0020] (Saint Christopher and Nevis) Date: Tuesday, 24th September 2019 On paper: Applicant: Mr. D. Victor C. Elliot-Hamilton (Elliot Macclure) Respondent: Mrs. Angelina Gracy Sokoo-Bobb (Law Office of Sylvester Anthony) Issue: Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal the judgment of Ventose J dated 22 nd July 2019 is granted.

2.The applicant shall file his notice of appeal within 21 days of the date of this order following which the appeal shall proceed in accordance with the Civil Procedure Rules 2000.

3.The application for a stay of execution of the judgment of Ventose J is adjourned to the hearing of the Full Court during the sitting of the Court of Appeal in the Federation of St. Kitts and Nevis during the week commencing 11 th November 2019. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal. Case Name: St. Kitts-Nevis Football Association v

[1]SOL Island Auto Conaree Football Club

[2]Delwayne Delaney [SKBHCVAP2019/0022] (Saint Christopher and Nevis) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Vadeesha T.N. John (Johnson & Associates) Respondents: Grey’s Legal Chambers Issues: Application for appeal to be listed as urgent – Application for appeal to be considered on written submissions only Result / Order: IT IS HEREBY ORDERED THAT: The appeal is to first be case managed by the Chief Registrar. Reason: The Court was doubtful as to whether the appeal at this point can be considered an urgent appeal. Case Name: Lazarus Paul v

[1]Raquel Willie-Trotman

[2]Douglas Trotman

[3]Teferi Trotman (minor acting herein and represented by his mother Raquel Willie-Trotman) [SLUHCVAP2017/0049] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: The Law Offices of Gerard Williams Respondent: Mrs. Wuaneen Louis-Harris Issue: Application for extension of time to appeal Result/Order: IT IS HEREBY ORDERED THAT:

1.The applicants shall serve the respondents with the notice of application for extension of time and provide proof of service of application within 14 days of the date of this order.

2.The application is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the application on the respondents. Case Name: Adelaide Joseph v Computron Limited [SLUHCVAP2019/0017] (Saint Lucia) Date: Tuesday, 24th September 2019 On paper: Applicant: Ms. Natalie Da Breo Ms. Paulette Francis Respondent: Issue: Application for stay pending hearing and determination of appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the judgment of Cenac-Phulgence J is granted. Reason: The Court was of the view that the applicant satisfied the threshold requirements for the grant of a stay. Case Name: Dr. Shaelle Durand v St. Jude Hospital [SLUHCVAP2019/0020] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Lydia Faisal Respondent: In person Issue: Application for extension of time to file and serve notice of appeal Result/Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall serve the notice of application on the respondent and provide proof of service thereof within 14 days of the date of this order.

2.The application is adjourned for further consideration to the chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no proof of service of the application on the respondent. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002A] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Dexter Theodore, QC (Theodore & Associates) Respondent: Mrs. Wauneen Louis-Harris Issue: Application to strike out notice of appeal Result/Order: IT IS HEREBY ORDERED THAT: The application to strike out the notice of appeal is dismissed. Reason: The Court was of the view that the circumstances of this case did not warrant the exercise of the Court’s discretion to strike out the notice of appeal. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Dexter Theodore, QC (Theodore & Associates) Respondent: Mrs. Wauneen Louis-Harris Issues: Result/Order: IT IS HEREBY ORDERED THAT:

1.The application for further extension of time to file the record of appeal is granted.

2.The record of appeal filed on 26 th June 2019 is deemed properly filed.

3.The application for an extension of time to file skeleton arguments is granted and the skeleton arguments filed 5 th August 2019 is deemed properly filed.

4.The appellant shall serve the skeleton arguments with authorities on the respondent and provide proof of service.

5.The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of further extension to file the record of appeal. Case Name: Urban St. Brice v The Attorney General [SLUHCVAP2018/0036] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Natalie Da Breo Respondent: The Attorney General’s Chambers Issue: Application for leave to appeal in forma pauperis Result/Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal in forma pauperis.

2.The cost of filing documents shall be waived, and the applicant shall be allowed to file documents free of charge.

3.Leave is granted to the applicant to effect service by electronic means in accordance with Civil Procedure Rules 2000, Practice Directions 5 & 6, No. 1 of 2014. Reason: The Court was of the view that the applicant had satisfied the requirements for the grant of leave to appeal in forma pauperis . Case Name: Bank of Saint Lucia Limited Respondent/Petitioner v KFC Saint Lucia Company Applicant/Respondent La Marie Food Group (St. Lucia) Incorporated Deluxe Dry Cleaners (St. Lucia) Limited Philmore Davis Wendy Davis Interested Parties/Applicants [SLUHCMAP2019/0005] (Saint Lucia) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Renee St. Rose Issue: Application for leave to appeal – Application for a stay of execution Result/Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall serve the notice of application on the respondent and provide proof of service thereof within 14 days of the date of this order.

2.The application is adjourned for further consideration to the chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the application for a stay of execution on the respondent. Case Name:

[1]Stephen Williams

[2]Gellizeau King v Kissanda Williams (Substituted in place of Elste Elaine Williams) [SVGHCVAP2019/0013] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: Mr. Richard O.F. Williams Respondents: Ms. Kassinda Williams Issue: Application for extension of time to file notice of appeal Result/Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file the notice of appeal is granted.

2.The notice of appeal filed on 31 st May 2019 is hereby deemed properly filed. Reason: The Court was of the view that the applicants met the requirements for the grant of an extension of time. Case Name: Nyasmeth John v The Queen [SVGHCRAP2018/0010] (Saint Vincent and The Grenadines) Date: Tuesday, 24th September 2019 On paper: Applicant: In person Issue: Application for bail pending appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103 , reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Denzil Sam v The Queen [SVGHCRAP2019/0012] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for leave to appeal – Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for bail pending appeal is refused.

2.Leave is granted to the applicant to appeal against his conviction and sentence.

3.The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal against his conviction and sentence. The Court was also of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103 , reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Danile Baptiste v The Queen [SVGHCRAP2019/0015] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicant to appeal against his sentence and conviction.

2.The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal against his conviction and sentence. Case Name: Jervany Baptiste v Commissioner of Police [SVGMCRAP2019/0037] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal against his sentence is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time within which to appeal. Case Name: Fay-Ann Durham v Brian Davis [SVGHCVAP2015/0015] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: Ms. Maia Eustace Issue: Application by legal practitioner to be removed from record Result / Order: IT IS HEREBY ORDERED THAT: The application by Ms. Maia Eustace to be removed from the record as counsel for the respondent is granted. Reason: The Court was satisfied that the applicant satisfied the requirements in rule 63.6 of the Civil Procedure Rules 2000. Case Name: Molecia Hunter v The Commissioner of Police [SVGMCRAP2019/0038] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for extension of time within which to appeal against sentence filed on 21 st June 2019 is granted.

2.The applicant shall file and serve her notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of an extension of time within which to appeal. Case Name: Allan Wilson v The Queen [SVGHCRAP2019/0004] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103 , reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Lennox Grant v Sacha Thomas-Robinson [SVGMCVAP2019/0007] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall, within 14 days of the date of this order, provide proof of service of the application by letter filed on 16 th May 2019 for an extension of time within which to seek leave to appeal on the respondent.

2.The application for an extension of time within which to seek leave to appeal is adjourned for further consideration at the next chamber sitting of this Court scheduled for 22 nd October 2019. Reason: There was no evidence of service of the application on the respondent. Case Name: Devon Francios v The Commissioner of Police [SVGMCRAP2019/0023] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time within which to appeal is dismissed. Reason: The applicant failed to comply with the previous orders of the Court directing him to file evidence by letter or otherwise outlining the reasons for his delay in filing an appeal and his proposed grounds of appeal. Case Name: Tyson John v The Queen [SVGHCRAP2019/0019] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal is granted.

2.The applicant shall file and serve the notice of appeal within 21 days of this order. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time to file the application for leave to appeal. Case Name: Terrence Smith v The Queen [SVGHCRAP2019/0006] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issue: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is refused. Reason: The Court was of the view that the applicant had not provided any evidence which, on the authority of The State v Lynette Scantlebury (1976) 2 WIR 103 , reveals any exceptional circumstances for granting bail pending the hearing and determination of the appeal. Case Name: Kimron Thomas v The Commissioner of Police [SVGMCRAP2019/0028] (Saint Vincent and The Grenadines) Date: Tuesday, 24 th September 2019 On paper: Applicant: In person Issue: Application for leave to add additional grounds of appeal – Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court is to serve the applications to add additional grounds of appeal and for bail pending the determination of the appeal both filed on 30 th July 2019 on the Director of Public Prosecutions within 14 days of this order.

2.The applications to add additional grounds of appeal and for bail pending the determination of the appeal are adjourned for further consideration at the next chamber sitting of the Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the applications to add additional grounds and for bail pending the determination of the appeal on the Director of Public Prosecutions. Case Name: Majid Abdalla Juma Al-Sari v Commercial Bank of Dubai [BVIHCMAP2019/0008] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: Lennox Panton Respondent: Harney Westwood & Riegels LP Issue: Application by legal practitioner to be removed from the record Result / Order: IT IS HEREBY ORDERED THAT: The application for Lennox Paton to be removed from the record as counsel for the appellant is granted. Reason: The Court was satisfied that the applicant satisfied the requirements in rule 63.6 of the Civil Procedure Rules 2000. Case Name: Myett’s Enterprises Ltd v

[1]Kimberly Cooke Leigh

[2]Cheryl Couture

[3]Cora Liburd

[4]Veronica Bailey

[5]Rudolph Stone

[6]Luz Adell Francisco De Callwood

[7]Sofia Small

[8]Xiomara Luisa Rhymer Mason

[9]Alexander Carina Henriques Industrus

1.The applicant is granted leave to appeal the judgment of Master Ermin Moise dated 8 th July 2019.

2.The applicant shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of leave to appeal. Case Name: Emmerson International Corporation Respondent/Appellant v ABC Grandeservus Limited Applicant/Respondent [BVIHCMAP2019/0017] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant/Respondent: Ms. Coleen Farrington Respondent/Appellant: Mr. Timothy Wright Issue: Application for extension of time to file and serve submissions in opposition to appeal – Application for leave to appeal – Application for extension of time to file counter-appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall provide this Court with proof of service of the application for extension of time to file and serve written submissions in opposition to the appeal on Emmerson International Corporation within 14 days of the date of this order.

2.The application for extension of time is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the application for an extension of time on the appellant. Case Name:

[1]Sylvia Maduro-Dale

[2]Lucia Chalwell v The Registrar of Lands [BVIHCVAP2010/0022] (Territory of the Virgin Islands) Date: Tuesday, 24th September 2019 On paper: Applicant: JS Archibald & Co. Respondent: Mrs. Joanne Williams-Roberts Issue: Application to be removed from the record as legal practitioner Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall serve the application and the affidavit in support and shall thereafter file an affidavit evidencing such service. The application to be removed from the record is adjourned for further consideration to the next chamber hearing of this Court scheduled for 22 nd October 2019. Reason: The Court noted that there was no evidence of service of the application to be removed from the record on the appellants in accordance with rule 63.6(2) and 63.6(3) of the Civil Procedure Rules 2000.