Status Hearing – 2nd June 2020

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING SAINT KITTS AND NEVIS AUDIO CONFERENCE 2nd June 2020 Case Name: Karin Colt v Gary Colt SKBHCVAP2017/0024 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kurlyn Merchant Respondent: Ms. Marlene Uter Bent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal in Saint Kitts and Nevis scheduled for the 19th October, 2020 to allow the Registrar of the High court to take the necessary steps to obtain the judge’s notes of evidence in this matter or the reasons for the decision dated 4th December 2017. Reason: The parties indicated that the judge did not give reasons for her decision, there was no transcript and there was no recording of the proceedings from which the transcript could be produced. The Deputy Registrar of the High Court of Saint Kitts and Nevis indicated that she will liaise with the trial judge in order to address these issues and obtain the notes of evidence or the reasons for the judge’s decision. Case Name: Ulmar Everton Paton v Lorna Paton SKBHCVAP2014/0019 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance, Mr. Jefferey Nisbett on record Respondent: Ms. Marlene Uter Bent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is fixed for the Sitting of the Full Court in Saint Kitts and Nevis during the week commencing 8th June 2020 unless a Notice of Discontinuance is filed before. Reason: Counsel for the respondent indicated that the matter had been settled but Mr. Nisbett had not yet filed a notice of discontinuance. Case Name: Otis French v Dujon Bassue trading as High Tech Solutions SKBMCVAP2018/0019 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. John Cato Respondent: Mr. Jason Hamilton 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 2nd July, 2020.

2.The respondent shall file and serve written submissions with authorities on or before 3rd August, 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply, if necessary, on or before 18th August, 2020.

4.The hearing of the appeal is fixed for the Court of Appeal sitting in St. Kitts and Nevis during the week commencing 26th October, 2020 Reason: N/A Case Name: Frederick La Chance v Michel Chayer SKBMCVAP2018/0004 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance, Ms. Stacey Ann Aberdeen-Sargeant on record Respondent: No appearance, Ms. Natasha Gray on record Issues: Status of the matter Type of Order: Directions 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 appellant personally and shall provide proof of service thereafter. 2. The matter is adjourned to the next status hearing of the Court of Appeal in Saint Kitts and Nevis scheduled for 19th October, 2020. 3. The Registrar of the High Court shall serve a copy of this order on the parties personally and provide proof of service thereafter. Reason: The court was informed that counsel on record for the appellant no longer resides or practices in the jurisdiction of Saint Kitts and Nevis. The appellant was therefore not served personally with the Record of Appeal as it has been difficult for the court office to locate him. Case Name: Dwight “Dangles” Walters v Comptroller of Customs SKBMCVAP2018/0008A Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. O’Grenville Browne 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 of Appeal in Saint Kitts and Nevis scheduled for 19th October, 2020, for counsel for the appellant to take the necessary steps to be removed as legal practitioner on record. 2. The Assistant Registrar of the High Court in Nevis shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that he wished to be removed from the record as he has not been able to secure instructions in relation to the appeal. Case Name: William DeGrass v Rory Flett SKBMCVAP2018/0015 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. John Cato Respondent: Ms. Brittney Jeffers holding for Ms. Marsha Henderson 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 the 2nd July 2020. 2. The respondent shall file and serve written submissions with authorities on or before the 3rd August 2020. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 18th August 2020. 4. The hearing of the appeal is fixed for the Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020. Reason: N/A Case Name: Joel Caines v Lloyd Williams SKBMCVAP2018/0020 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Appellant in person 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 3rd August 2020. 2. The respondent is at liberty to file and serve written submissions with authorities on or before 3rd September 2020. 3. The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 18th September 2020 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020.

5.The Registrar of the High Court shall serve a copy of this order on the appellant and respondent personally and provide proof of service thereafter. Reason: The Court Office has not been able to effect service of the notice of hearing for the day’s hearing nor the Record of Appeal on the respondent. Case Name: Zoila E. Harris v Eugene Griffin SKBMCVAP2018/0021 Date: Tuesday, 2nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Renal Edwards Respondent: Ms. Angela Cozier 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 2nd July 2020. 2. The respondent is at liberty to file and serve written submissions with authorities on or before 3rd August 2020. 3. The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 18th August 2020. 4. The hearing of the appeal is fixed for the Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020.

Reason:

N/A

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING SAINT KITTS AND NEVIS AUDIO CONFERENCE nd June 2020 Case Name: Karin Colt v Gary Colt SKBHCVAP2017/0024 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Kurlyn Merchant Respondent: Ms. Marlene Uter Bent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal in Saint Kitts and Nevis scheduled for the 19th October, 2020 to allow the Registrar of the High court to take the necessary steps to obtain the judge’s notes of evidence in this matter or the reasons for the decision dated 4th December 2017. Reason: The parties indicated that the judge did not give reasons for her decision, there was no transcript and there was no recording of the proceedings from which the transcript could be produced. The Deputy Registrar of the High Court of Saint Kitts and Nevis indicated that she will liaise with the trial judge in order to address these issues and obtain the notes of evidence or the reasons for the judge’s decision. Case Name: Ulmar Everton Paton v Lorna Paton SKBHCVAP2014/0019 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance, Mr. Jefferey Nisbett on record Respondent: Ms. Marlene Uter Bent Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is fixed for the Sitting of the Full Court in Saint Kitts and Nevis during the week commencing 8th June 2020 unless a Notice of Discontinuance is filed before. Reason: Counsel for the respondent indicated that the matter had been settled but Mr. Nisbett had not yet filed a notice of discontinuance. Case Name: Otis French v Dujon Bassue trading as High Tech Solutions SKBMCVAP2018/0019 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. John Cato Respondent: Mr. Jason Hamilton 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 2nd July, 2020.

2.The respondent shall file and serve written submissions with authorities on or before 3rd August, 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply, if necessary, on or before 18th August, 2020.

4.The hearing of the appeal is fixed for the Court of Appeal sitting in St. Kitts and Nevis during the week commencing 26th October, 2020 Reason: N/A Case Name: Frederick La Chance v Michel Chayer SKBMCVAP2018/0004 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance, Ms. Stacey Ann Aberdeen-Sargeant on record Respondent: No appearance, Ms. Natasha Gray on record Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

5.The Registrar of the High Court shall serve a copy of this order on the appellant and respondent personally and provide proof of service thereafter. Reason: The Court Office has not been able to effect service of the notice of hearing for the day’s hearing nor the Record of Appeal on the respondent. Case Name: Zoila E. Harris v Eugene Griffin SKBMCVAP2018/0021 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Renal Edwards Respondent: Ms. Angela Cozier Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

2.The matter is adjourned to the next status hearing of the Court of Appeal in Saint Kitts and Nevis scheduled for 19th October, 2020.

3.The Registrar of the High Court shall serve a copy of this order on the parties personally and provide proof of service thereafter. Reason: The court was informed that counsel on record for the appellant no longer resides or practices in the jurisdiction of Saint Kitts and Nevis. The appellant was therefore not served personally with the Record of Appeal as it has been difficult for the court office to locate him. Case Name: Dwight “Dangles” Walters v Comptroller of Customs SKBMCVAP2018/0008A Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. O’Grenville Browne Respondent: 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 serve a copy of the record of appeal on the appellant personally and shall provide proof of service thereafter.

1.The matter is adjourned to the next status hearing of the Court of Appeal in Saint Kitts and Nevis scheduled for 19th October, 2020, for counsel for the appellant to take the necessary steps to be removed as legal practitioner on record.

2.The Assistant Registrar of the High Court in Nevis shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: Counsel for the appellant indicated that he wished to be removed from the record as he has not been able to secure instructions in relation to the appeal. Case Name: William DeGrass v Rory Flett SKBMCVAP2018/0015 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. John Cato Respondent: Ms. Brittney Jeffers holding for Ms. Marsha Henderson 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 the 2nd July 2020.

2.The respondent shall file and serve written submissions with authorities on or before the 3rd August 2020.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 18th August 2020.

4.The hearing of the appeal is fixed for the Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020. Reason: N/A Case Name: Joel Caines v Lloyd Williams SKBMCVAP2018/0020 Date: Tuesday, 2 nd June 2020 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Appellant in person 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 3rd August 2020.

2.The respondent is at liberty to file and serve written submissions with authorities on or before 3rd September 2020.

3.The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 18th September 2020

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020.

1.The appellant shall file and serve written submissions with authorities on or before 2nd July 2020.

2.The respondent is at liberty to file and serve written submissions with authorities on or before 3rd August 2020.

3.The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 18th August 2020.

4.The hearing of the appeal is fixed for the Court of Appeal sitting in Saint Kitts and Nevis during the week commencing 26th October 2020. Reason: N/A