Chamber Hearing – 17th December 2019

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th DECEMBER 2019 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name: Aikeem Lionel Rogers v Regina [AXAHCRAP2019/0001] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to appeal – Application for legal aid and transcript to be provided free of charge Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve the respondent with copies of the applications for an extension of time to appeal; for legal aid; and for the transcript to be provided for free within 14 days of this order and provide proof of service of the same. 2. The applicant shall file and serve the affidavit evidence in support of the application for an extension of time to appeal within 14 days of the date of this order. 3. The applications for legal aid and for the transcript to be provided for free and for an extension of time within which to appeal is adjourned to the next chamber hearing of the Court scheduled for 21st January 2020. Reason: By order of Webster JA [Ag.], the applicant was directed to serve the respondent with a copy of the applications. There has been no compliance with this order. Case Name: Anderson Carty v Gentiste Christian [ANUMCVAP2019/0005] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Issues: Application for an extension of time to file an application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the order from the Magistrate’s Court from which leave to appeal is being sought within 14 days of this order. 2. The applicant shall serve the respondent with a copy of the application for an extension of time to appeal, the affidavit in support and the order of the Magistrate within 14 days of this order and provide proof of service of the same. 3. The application for an extension of time to apply for leave to appeal is adjourned to the next chamber sitting of the Court scheduled for 21st January 2020. Reason: The Court noted that there was no proof of service on the respondent of the application for an extension of time within which to appeal. Case Name: Alwyn Labadie v Daven Joseph [ANUMCRAP2017/0001] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Applicant: Mr. Cosbert Cumberbatch Respondent: Ms. Kema Benjamin Issues: Application for notice of appeal to be struck out – Whether the notice of appeal was in compliance with section 170 of the Magistrate’s Code of Procedure Act Cap. 255 Result / Order: IT IS HEREBY ORDERED THAT: The application for to strike out the notice of appeal is set down before the full court at its next sitting in the state of Antigua and Barbuda during the week commencing 13th January 2020. Reason: The Court was minded to refuse the application to strike out the notice of appeal. Accordingly, the Court referred the matter for hearing by the Full Court pursuant to rule 62.2(5) of the Civil Procedure Rules 2000 Case Name: Maria Esbrand v Curtis Ryan [ANUHCVAP2019/0021] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Unrepresented Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 30 th September 2019 is adjourned for further consideration at sitting of the full court in Antigua and Barbuda during the week commencing 13th January 2020. Reason: The Court was minded to refuse the application for leave to appeal. Accordingly, the Court referred the matter for hearing by the Full Court pursuant to rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Carlton Lewis v Neil Cochrane (as President of the Antigua Turf Club) [ANUHCVAP2019/0039] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Appellant/Applicant: Mr. Hugh Marshal Jr. Respondent: Messrs. Lake & Kentish Issues: Application for stay of execution pending the determination of the appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of proceedings pending the determination of this appeal is granted. Reason: The Court considered all the circumstances of the case and formed the view that there was a greater risk of injustice if a stay was not granted. Case Name: Sylvester Spencer and Honora Thomas as the Administrators of the Estate of Jadianne Spencer, Deceased) v Regino Nicholas [ANUHCVAP2019/0022] (Antigua and Barbuda) Date: Tuesday, 17 th December 2019 On paper: Applicant: Dr. David Dorsett Respondent: Daniels, Phillips & Associates Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal the order of Master Jan Drysdale dated 30th September 2019 is granted. 2. The notice of appeal shall be filed within 21 days of the date of this order. 3. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name:

[1]Marie Jose Edwards

[2]Paul Edwards v Alick Griffin Edward Byron Hunt (also known as Edward Hunt) [DOMMCVAP2014/0021] (Dominica) Date: Tuesday, 17 th December 2019 On paper: Applicant/Respendent: Ms. Lisa de Freitas Issues: Application to substitute personal representatives of the estate Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicants shall serve a copy of this order on the appellants and shall provide proof of service on the appellants within 21 days of the date of this order. 2. The application is adjourned for further consideration at the next Chamber Hearing scheduled for 21st January 2020. Reason: The Court noted that there was no proof of service on the appellants of the application to substitute personal representatives of the estate of the respondent as a party. Case Name: Khani George v St. Luce Jno Lewis [DOMMCVAP2019/0004] (Dominica) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: No representation on record Issues: Application for leave to file an appeal out of time 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. The Registrar of the High Court is to serve on the Chief Magistrate and the applicant this order. 4. The application for leave to file an appeal out of time is adjourned for further consideration at the next chamber hearing of the Court scheduled for 21st January 2020. Reason: The Court noted that there was no evidence of compliance with the orders of the Court directing the Registrar of the High Court to serve the Chief Magistrate and the applicant with a copy of the orders of the Court. Case Name: Neil Laurent v The Queen [DOMHCRAP2019/0002] (Dominica) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal against his sentence. 2. The applicant shall file his notice of appeal within 14 days and cause the same to be served on the Office of the Director of Public Prosecutions. Reason: The Court was satisfied that the applicant had met the requirements for leave to appeal. Case Name: [1] Griffin Charles [2] Charmaine Pascal Charles v [1] Coreen Nicholas [2] Neville Charles

[3]Thomas Bougouneau [DOMHCVAP2019/0004] (Dominica) Date: Tuesday, 17 th December 2019 On paper: Applicants: Mr. Tiyani Behanzin Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the decision of the learned judge of which leave to appeal is sought. 2. The applicant shall serve a copy of the notice of application for leave to appeal out of time on the respondent and file proof of service thereof within 14 days of the date of this order. 3. The application for leave to appeal out of time against decision of a learned judge is adjourned to the next chamber sitting of the Court scheduled for 21st January 2020. 4. The Registrar of the High Court shall cause a copy of this order to be served on the legal practitioner for the applicants, Mr. Tiyani Behanzin, within 14 days of the date of this order and provide proof of service. Reason: The Court noted that there was no evidence of service of the application on the respondent. The Court also noted that a copy of the decision of the learned judge was not attached to the application. Case Name: [1] Griffin Charles [2] Charmaine Pascal-Charles v CC & IP Law Practitioners [DOMHCVAP2019/0005] (Dominica) Date: Tuesday, 17 th December 2019 On paper: Applicants: Mr. Tiyani Behanzin Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the decision of the learned judge of which leave to appeal is sought. 2. The applicant shall serve a copy of the notice of application for leave to appeal out of time on the respondent and file proof of service thereof within 14 days of the date of this order. 3. The application for leave to appeal out of time against decision of a learned judge is adjourned to the next chamber sitting of the Court scheduled for 21st January 2020. 4. The Registrar of the High Court shall cause a copy of this order to be served on the legal practitioner for the applicants, Mr. Tiyani Behanzin, within 14 days of the date of this order and provide proof of service. Reason: The Court noted that there was no evidence of service of the application on the respondent. The Court also noted that a copy of the decision of the learned judge was not attached to the application. Case Name: Barbara Langainge v [1] Geraldine Christopher [2] Jeremy Christopher [GDAHCVAP2019/0003] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Appellant: Mr. Ruggles Ferguson Respondents: Mr. Raphael Baptiste Issues: Application for stay of execution pending the determination of the appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the judgment of Adrien-Roberts J dated 6th December 2018 pending the determination of the appeal is granted. Reason: The Court was of the view that the appellant had met the requirements for the grant of a stay pending the determination of the appeal. Case Name: Nichol Williams v Manufacturing Investments (Grenada) Limited [GDAMCVAP2019/0003] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: Mr. Raphael V. Baptiste Respondent: Ms. Shireen J. Wilkinson Issues: Application for special leave – Application for an extension of time to file and serve notice of appeal and notice of reasons for appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file and serve the notice of appeal and the notice of reasons for appeal. 2. The applicant shall file and serve the notice of appeal and notice of reasons for appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the requirements for the grant of an extension of time to file and serve the notice of appeal. Case Name: Tris Warren v The Queen [GDAHCRAP2019/0028] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall furnish this Court with a copy of 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 serve on the Director of Public Prosecutions a copy of the minute of conviction and sentence and provide proof of service within 14 days of the date of this order. 3. The hearing of the application for leave to appeal is adjourned to the next chamber hearing of the Court scheduled for 21st January 2020. Reason: The Court noted that there was no minute of conviction and sentence filed with the application. Case Name: Rodney Cornwall v The Queen [GDAHCRAP2019/0021] (Grenada) Date: Tuesday,17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: 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 notice of application for leave to appeal is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve on the Director of Public Prosecutions a copy of the order of the application for leave to appeal, the minute of conviction and sentence and a copy of this order, and provide proof of service within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Garfield Clement v The Queen [GDAHCRAP2019/0017] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: 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 notice of application for leave to appeal against sentence filed on 21st August 2019 is deemed to be the applicant’s notice of appeal. Reason: The Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Darren Maitland v The Queen [GDAHCRAP2019/0023] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: Ciboney Chambers Respondent: Director of the Public Prosecutions Issues: 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 application for leave to appeal against sentence filed on 18th September 2019 is deemed to be the applicant’s notice of appeal. Reason: The Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Arturo Putin Roderiguez v The Queen [GDAHCRAP2019/0015] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: Derick F. Sylvester & Associates Respondent: Director of Public Prosecutions Issues: 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 application for leave to appeal against sentence is deemed to be the notice of appeal. Reason: The Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Christopher Mitchell v The Queen [GDAHCRAP2018/0001] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Applicant: Derick F. Sylvester & Associates Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to file a notice appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time within which to file a notice of appeal. 2. The notice of appeal filed on 8th October 2019 is deemed properly filed. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Andy John v The Queen [GDAHCRAP2014/0008] (Grenada) Date: Tuesday, 17 th December 2019 On paper: Appellant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to pay fine imposed in the court below Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter shall be set down for hearing before the Court at the next sitting of the Court of Appeal in Grenada during for the week commencing 27th April 2020. 2. The Registrar of the High Court shall serve a copy of this order on the appellant, personally. Reason: The Court noted that this matter had come up for status hearing and case management on several occasions and is of some vintage on account of the unavailability of the transcript. The court also noted that there was no evidence of whether the transcript of proceedings in the court below has been made available. Case Name: Janette Cynthelia Lee v [1] Olive Osborne (as lawful attorney for Noel Osborne) [2] The Registrar of Lands [MNIHCVAP2019/0013] (Montserrat) Date: Tuesday, 17 th December 2019 On paper: Applicant: Ms. Chivone Gerald Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall file a notice of appeal within 21 days of the date of this order. Reason: The Court was of the view that no leave was required to appeal since the appeal was not from an interlocutory order or judgment. Case Name: The Attorney General v Simon Riley [MNIHCVAP2019/0008] (Montserrat) Date: Tuesday,17 th December 2019 On paper: Appellant/ Counter-Respondent: Ms. Sheree E. Jemmotte-Rodney Respondent/ Counter-Appellant: In person Issues: Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent/counter-appellant shall file and serve written submissions in relation to the notice of application for a stay of execution within 14 days of the date of this order. 2. The hearing of the application for a stay of execution of the judgment of Evans J dated 1st July 2019 is adjourned to the next chamber hearing of the Court scheduled for 21st January 2020. Reason: The Court noted counsel for the respondents’ indication that he desired to respond to the written submissions filed by the appellant/counter-respondent and was of the view that the same should be allowed. Case Name: Keston Riley v [1] The Attorney General [2] Director of Public Prosecutions [MNIHCVAP2019/0014] (Montserrat) Date: Tuesday, 17 th December 2019 On paper: Applicant: Mr. Warren Cassell Issues: Application for leave to appeal – Application for stay pending the determination of the appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the decision of Morley J dated 14th October 2019 and for a stay pending appeal shall be heard by the full Court at the next Court of Appeal sitting in Montserrat during the week commencing 27th January 2020. Reason: The Court was minded to refuse leave and accordingly acted in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Bertrand Burke v [1] Mildred Kirwan [2] Highlander Properties Limited [MNIHCVAP2019/0007] (Montserrat) Date: Tuesday, 17 th December 2019 On paper: Applicant: Mr. Hogarth Sergeant Respondent: Mr. Warren M. Cassell Issues: Application to set aside the order of judge Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of this order on the applicant and provide proof of service within 14 days of the date of this order. 2. The Registrar of the High Court shall provide proof of service on the applicant of the orders of Blenman JA and Webster JA[Ag.] within 14 days of the date of this order. 3. The application to set aside the order of Morley J is adjourned for further consideration to the next chamber hearing of this Court scheduled for 21st January 2020. Reason: There was no evidence of service of the orders of Blenman and Webster [Ag.] JJA wherein the applicant was directed to furnish the Court with a copy of the order being appealed. Case Name: Keith Herbert v The Queen [SKBHCRAP2018/0005] (Saint Kitts and Nevis) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of appeal, shall at first, be treated as an application for extension of time to appeal. 2. The applicant shall file, by way of letter or otherwise, his reasons for delay in filing a notice of appeal against conviction. 3. The Registrar of the High Court shall furnish the Court with a copy of the minute of conviction and sentence of the applicant within 14 days of the date of this order. 4. The Registrar of the High Court shall, within 21 days, serve on the Director of Public Prosecutions a copy of this order, the notice of appeal and the minute of conviction and sentence of the applicant. 5. The matter is adjourned to the next chamber hearing of this Court scheduled for 21st January 2020. Reason: The Court noted that there was no evidence that the notice of appeal had been served on the respondent. Case Name: [1] Gregory Gilpin-Payne [2] International Investments & Counsel Limited v [1] Stephen First [2] Corporate Capital (Asia) Limited [SKBHCVAP2019/0041] (Saint Kitts and Nevis) Date: Tuesday, 17 th December 2019 On paper: Applicants/Appellants: In person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file a copy of the order of Ventose J dated 17th October 2019, within 14 days of the date of this order. 2. The hearing of the application for leave to appeal is adjourned to the next chamber hearing of this Court scheduled for 21st January 2020. Reason: The Court noted that the order for which leave to appeal was sought was not attached to the application. Case Name: Shawn Richards v Nigel Carty [SKBHCVAP2019/0021] (Saint Kitts and Nevis) Date: Tuesday, 17 th December 2019 On paper: Appellant/Applicant: Mr. Terrence V. Byron Respondent: Ms. Angelina Gracy Sookoo- Bobb Issues: Application for leave to file a copy of the order being appealed – Withdrawal of application Result / Order: IT IS HEREBY ORDERED THAT: 1. The application filed by the appellant on 8th November 2019 is granted to the extent that the appellant shall file a copy of the order of the court below which is on appeal within 14 days of this order, and is dismissed in all other respects having been withdrawn by the appellant. 2. The respondent is at liberty to file a response to the appellant’s notice of application for a stay of execution within 14 days of the date of this order. 3. The hearing of the application for a stay of execution is adjourned to the next chamber hearing of this Court scheduled for 21st January 2020. Reason: The Court noted that the appellant no longer wishes to pursue the application seeking (1) leave to file the order being appealed; (2) leave to file a certificate that the appeal relates to specific issues of law; and (3) that the appeal be treated as a summary appeal. Further, the Court also noted that the order being appealed was not attached to the application. The Court was also satisfied that the respondent should be permitted to respond to the appellants notice of application for a stay. Case Name: [1] Lindsay F. P. Grant [2] Jonel F.H Powell v Tanzania Tobin Tanzil [SKBHCVAP2019/0043] (Saint Kitts and Nevis) Date: Tuesday, 17 th December 2019 On paper: Applicants: Mr. Daniel Brantley Respondent: Ms. Angelina Gracy Sookoo-Bobb Issues: Application for leave to appeal and stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the judgment of Ventose J dated 28th October 2019 and for a stay pending appeal shall be set down for hearing before the Full Court at the next sitting of the Court of Appeal in Saint Christopher and Nevis scheduled for the week commencing 10th February 2020. Reason: The Court was minded to refuse the application for leave to appeal. Accordingly, the Court referred the matter for hearing by the Full Court pursuant to rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Joshua Francis v The Queen [SLUHCRAP2019/0003] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide, by way of letter or otherwise, the reasons for his delay in filing an appeal, within 21 days of the date of this order. 2. The Registrar of the High Court shall furnish this Court with a copy of the minute of conviction and sentence of the applicant and shall serve the same on the Director of Public Prosecutions and provide proof of service within 14 days of the date of this order. 3. The hearing of the applications for an extension of time within which to appeal and for leave to appeal to appeal is adjourned to the next chamber hearing of this Court scheduled for 21st January 2020. Reason: The Court noted that the minute of conviction and sentence had not been attached to the application. Case Name: First Caribbean International Bank (Barbados) Limited v [1] Sunset Village Incorporated [2] Moshe Yovel [3] Digby Ambris [SLUHCMAP2019/0006] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Claimant/Intended Appellant: Ms. Rowana K. Campbell Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the intended appellant to appeal against the order of St. Rose-Albertini J dated 10th October 2019. 2. The intended appellant shall file and serve 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 2000. Reason: The Court was of the view that the intended appellant had met the requirements for the grant of leave to appeal. Case Name: Cynthia Paul v [1] The New India Assurance Co. (Trinidad and Tobago) Limited [2] S&A Insurance Brokers Limited [SLUHCVAP2015/0007] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant/Respondent: Ms. Sueanna Frederick for the first respondent Appellant/Respondent: Ms. Wauneen Louis-Harris for the appellant Issues: Application to strike out the appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The first respondent shall provide proof of service of the notice of application for the dismissal of appeal on the appellant and second respondent within 14 days of the date of this order. 2. The hearing of the application for dismissal of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Lucia scheduled for the week commencing 9th March 2020. Reason: The Court noted that there was no evidence that notice of the application was served on the appellant and second respondent. Case Name: Bryan St. Martin v The Queen [SLUHCRAP2019/0002] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an 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 file the application for leave to appeal is granted. 2. The time for filing the application for leave to appeal is extended to 18th October 2019. 3. The application for leave to appeal filed on 18th October 2019 is deemed to have been properly filed. 4. The application for leave to appeal against conviction and sentence is granted. 5. The notice of application for leave to appeal against sentence filed on 18th October 2019 is deemed to be the notice of appeal. 6. The appeal shall thereafter proceed in accordance with rule 62.10 of the Civil Procedure Rules 2000. Reason: The Court was of the view that the applicant should be granted leave to appeal against conviction. Case Name: Grant Lionel v The Queen [SLUHCRAP2019/0004] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to serve a copy of the notice of application for an extension of time within which to appeal together with a copy of the notice of application for leave to appeal on the Office of the Director of Public Prosecutions within 14 days of this order. 2. The applications are adjourned for further consideration to the next chamber hearing scheduled for 21st January 2020. Reason: The Court noted that there was no evidence of service of the application for an extension of time on the Director of Public Prosecutions. Case Name: Rap Holding Finance Company Limited v [1] Prestige Auto Holdings Limited [2] Mario Reyes [3] Nanette Reyes [SLUHCVAP2019/0023] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant: Ms. Rowana K. Campbell Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the decision of Smith J dated 26th September 2019. 2. 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 had met the requirements for leave to appeal. Case Name: [1] Richard Frederick [2] Almus McDowall trading as McDowall Broadcasting Corporation v Agnes Francis [SLUHCVAP2019/0024] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicants: Mr. Horace Fraser Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to obtain reasons for the order of Smith J dated 2nd October 2019 within 21 days of the date of this order. 2. The application is adjourned for further consideration to the next chamber hearing scheduled for 21st January 2020. Reason: By order of Webster JA [Ag.], the Registrar of High Court was directed to provide this Court with the reasons for the order of Smith J. There was no compliance with the order of Webster JA [Ag.]. Case Name: Anne Margaret Henry v Dr. Horatius Jeffers [SLUHCVAP2019/0010] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant/Appellant: Ms. Sueanna Frederick Respondent: Ms. Patricia Augustin Issues: Application for an extension of time within which to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to file and serve skeleton arguments is granted. 2. The applicant/appellant shall file and serve skeleton arguments with authorities, within 21 days of the date of 3. The respondent shall file and serve skeleton arguments in response with authorities, within 28 days of being served with the appellants skeleton arguments. 4. The appeal shall proceed thereafter in accordance with Part 62 of the Civil Procedure Rules 2000. this order. Reason: The Court was of the view that the applicant had met the requirements for a grant of an extension of time within which to file and serve skeleton arguments. Case Name: Justina Samuel v Bank of Saint Lucia Limited [SLUHCVAP2019/0022] (Saint Lucia) Date: Tuesday, 17 th December 2019 On paper: Applicant: Mr. Leevie Herelle Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall furnish this Court with a copy of the decision of St. Rose Albertini J dated 2nd August 2019 and re-issued 16th August 2019 within 14 days of the date of this order. 2. The application is adjourned for further consideration to the next chamber hearing scheduled for 21st January 2020. Reason: The Court noted that the decision being appealed was not attached to the notice of application for leave to appeal. Case Name: Eugene Noel v The Queen [SVGHCRAP2019/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail is denied. Reason: The Court was of the view that there was indication that the circumstances of the case had changed since the Court’s refusal of bail pending appeal on three previous occasions. Case Name: Bradley Huggins v The Queen [SVGHCRAP2019/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Appellant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is denied. Reason: The Court was of the view that there was nothing provided to the Court to indicate any exceptional circumstances that would justify the grant of bail pending appeal. Therefore, the Court was satisfied the applicant had not met the requirements for the grant of bail pending appeal. Case Name: Symcy Williams v The Queen [SVGHCRAP2017/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is denied. Reason: The Court was of the view that the applicant had not met the requirements for the grant of bail pending appeal since there was nothing provided to the Court to indicate any exceptional circumstances that would justify the grant of bail pending appeal. Case Name: Calvert Prince v The Queen [SVGHCRAP2019/0014] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is denied. Reason: The Court took the view that the applicant had not met the requirements for bail pending appeal. Case Name: Glenroy Browne v The Commissioner of Police [SVGMCRAP2019/0039] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time within which to appeal against his conviction and sentence. 2. The applicant shall file and serve the application for leave to appeal within 21 days of the date of this order. Reason: The Court took the view that the applicant had met the requirements for the grant of an extension of time. Case Name: Costie Ralph v The Commissioner of Police [SVGMCRAP2019/041] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for an 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 an application for leave to appeal within 21 days of the date of this order. Reason: The Court was of the view that the applicant had met the requirements for the grant of an extension of time within which to appeal. Case Name: Therdio McKie V The Queen [SVGHCRAP2018/0007] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is dismissed. Reason: The Court was of the view that there was no indication that the circumstances of the case had changed since the Court’s refusal of bail pending appeal. Case Name: Grafton McDowall V The Queen [SVGHCRAP2019/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal pending the determination of the appeal is denied. Reason: The Court was of the view that the applicant had not met the requirements for the grant of bail pending appeal, there being no exceptional circumstances. Case Name: Laretta Richardson v The Queen [SVGHCRAP2019/0022] (Saint Vincent and the Grenadines) Date: Tuesday,17 th December 2019 On paper: Applicant: In person Respondent: Director of Public Prosecutions Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against sentence is granted. 2. The notice of application for leave to appeal filed on 5th August 2019 is deemed to be the applicant’s notice of appeal. Reason: The Court was of the view that the applicant should be granted leave to appeal against sentence. Case Name: Lennox Grant v Sacha Thomas-Robinson [SVGMCVAP2019/0007] (Saint Vincent and the Grenadines) Date: Tuesday, 17 th December 2019 On paper: Applicant: In person Respondent: Unrepresented Issues: Application for an extension of time within which to appeal Result / Order: IT HEREBY ORDERED THAT: 1. The application by way of letter for an extension of time within which to appeal against the order of the Honourable Coleen Mc Donald dated 21st July 2017, is adjourned for further consideration at the next chamber hearing scheduled for 21 st January 2020. 2. The Registrar of the High Court shall provide proof of service of the order of the court on the applicant within 14 days of the date of this order. Reason: The Court noted that there was no evidence of the service of the previous order of the Court on the applicant. Case Name: Antonio Stoutt v The Commissioner of Police [BVIMCRAP2015/0006] (Territory of the Virgin Islands) Date: Tuesday, 17 th December 2019 On paper: Applicant/Appellant: Mr. David A. Penn Issues: Application to be removed from the record as legal practitioner for the appellant Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant, Mr. David A. Penn, is removed from the record as legal practitioner for the appellant. 2. The applicant shall serve a copy of this order on the legal practitioner of the respondent and shall serve this order personally on the appellant. 3. No order as to costs. Reason: The Court was satisfied that the applicant had provided good reasons for removal from the record as legal practitioner for the appellant. The Court also noted that the applicant had complied with rules 63.6 (2) and 63.3(3) of the Civil Procedure Rules 2000. Case Name: [1] Sylvia Maduro-Dale [2] Lucia Chalwell v The Registrar of Lands [BVIHCVAP2010/0022] (Territory of the Virgin Islands) Date: Tuesday, 17 th December 2019 On paper: Applicant: JS Archibald & Company Issues: Application to be removed from the record as legal practitioner for the appellant Result / Order: IT IS HEREBY ORDERED: 1. The Registrar of the High Court shall provide this Court with proof of service of the order of the Court on the applicant within 21 days of the date of this order. 2. The application is adjourned for further consideration at the next chamber hearing scheduled for 21st January 2020. Reason: The Court noted that there was no evidence of service of the order of the Court on the applicant. Case Name: [1] Leilani Stevens-Roberts [2] Lola Stevens [3] Ziska Stevens

[4]Leona Stevens v [1] Elton Scatliffe [2] Anette Scatliffe [BVIHCVAP2019/0007] (Territory of the Virgin Islands) Date: Tuesday, 17 th December 2019 On paper: Applicants: Ms. Ayodeji D. Bernard Respondents: Mr. Richard Parchment Issues: Application for an extension of time to file the application for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to file the application for leave to appeal is granted. 2. The time for filing the application for leave to appeal is extended to 14th November 2019. 3. The application filed on 14th November 2019 is deemed to have been properly filed. 4. The application for leave to appeal against the order of Master Ermin Moise dated 4th November 2018 is granted. 5. The notice of appeal shall be filed and served within 21 days of the date of the order and the appeal shall thereafter proceed in accordance with rule 62.10 of the Civil Procedure Rules 2000. Reason: The Court took the view that the applicants had met the requirements for the grant of an extension of time within which to file an application for leave to appeal. The court was also satisfied that the applicant had met the requirements for leave to appeal.