March 17th, 2009

CHAMBER HEARING Tuesday 17th March, 2009 BEFORE The Hon. Mde. Janice George-Creque, Justice of Appeal COMMONWEALTH OF DOMINICA Case Name Roslyn Burton v Wallace Riviere [Civil Appeal No. 4 of 2008] On paper: Applicant: Dyer & Dyer Respondent: Ms. Singoalla Blomqvist-Williams Issue: Application for leave to appeal Result: It was ordered that: The Application for leave to appeal is granted. Reason: Case Name Annette Casimir v Sharon A. Augustine [Magisterial Civil Appeal No. 1 of 2009] On paper: Appellant: Ms. Alix Boyd Knights Respondent: Mr. David Bruney Issue: Civil Procedure – Appeal from Tenancies and Rent Control Tribunal – whether in the circumstances of the case the appeal ought to be made to a judge in chambers or to the court of appeal – sections 4(9) and 42 of the Tenancies and Rent Control Act Chap.54.72 Result: It was ordered that:

1.The appeal is dismissed.

2.The stay of execution dated 24th February, 2009 is lifted.

3.Costs to the respondent in the sum of $1000.00. Reason: (1) The words “delivery of possession” contained in section 4(9) of the TRCA are analogous with the words “recovery of possession of any premises” and “the ejectment of a tenant therefrom” contained in section 33(1) of the TRCA. (2) The appeal concerns a notice to quit and an application for possession which falls squarely within the ambit of section 4(9) of the TRCA. The appeal ought to have been made to a judge in chambers in accordance with section 4(9). The Court of Appeal accordingly has no jurisdiction to hear the appeal which is not properly before this court. SAINT VINCENT AND THE GRENADINES Case Name Jonathan Peters v The National Commercial Bank (SVG) Ltd. [Civil Appeal No. 25 of 2008] On paper: Applicant: Unrepresented Respondent: Unrepresented Issue: Application for leave to appeal arbitration award Result: It was ordered that: The Application for leave to appeal the arbitration award made on 25th July 2005 is refused. Case Name Bobby Joseph v The Queen [Criminal Appeal No. 17 of 2008] On paper: Applicant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: It was ordered that: The Application for extension of time to appeal is refused. Reason: No good reason has been advanced for the delay in filing the appeal or making the application. Case Name Josiah Rodney v The Commissioner of Police [Magisterial Criminal Appeal No. 5 of 2009] On paper: Applicant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: It was ordered that: 1. The Application for extension of time to appeal is granted. 2. The Notice of Appeal should be filed and served on or before the 31st day of March, 2009. Reason: The Appellant was not aware of his right to appeal. TERRITORY OF THE VIRGIN ISLANDS Case Name Melvina Frett-Henry v Tortola Concrete Limited [Civil Appeal No. 24 of 2008] On paper: Applicant: Harney, Westwood & Riegels Respondent: McTodman & Co. Issue: Application for extension of time to appeal Result: It was ordered that: 1. The Application for extension of time to file a Notice of Appeal is granted. 2. The Notice of Appeal filed on the 17th day of December, 2008 is deemed to be properly filed. Case Name Satyaprakash Rajmungal v Brian Penn [Civil Appeal No. 1 of 2008] On paper: Appellant: Harney, Westwood & Riegels Respondent: The Attorney General Issue: Application for withdrawal of appeal Result: It was ordered that: The appeal is withdrawn and accordingly dismissed. Reason: The parties agreed.

CHAMBER HEARING Tuesday 17th March, 2009 BEFORE The Hon. Mde. Janice George-Creque, Justice of Appeal COMMONWEALTH OF DOMINICA Case Name Roslyn Burton v Wallace Riviere [Civil Appeal No. 4 of 2008] On paper: Applicant: Dyer & Dyer Respondent: Ms. Singoalla Blomqvist-Williams Issue: Application for leave to appeal Result: It was ordered that: The Application for leave to appeal is granted. Reason: Case Name Annette Casimir v Sharon A. Augustine [Magisterial Civil Appeal No. 1 of 2009] On paper: Appellant: Ms. Alix Boyd Knights Respondent: Mr. David Bruney Issue: Civil Procedure – Appeal from Tenancies and Rent Control Tribunal – whether in the circumstances of the case the appeal ought to be made to a judge in chambers or to the court of appeal – sections 4(9) and 42 of the Tenancies and Rent Control Act Chap.54.72 Result: It was ordered that:

1.The appeal is dismissed.

2.The stay of execution dated 24th February, 2009 is lifted. 2

3.Costs to the respondent in the sum of $1000.00. Reason: (1) The words “delivery of possession” contained in section 4(9) of the TRCA are analogous with the words “recovery of possession of any premises” and “the ejectment of a tenant therefrom” contained in section 33(1) of the TRCA. (2) The appeal concerns a notice to quit and an application for possession which falls squarely within the ambit of section 4(9) of the TRCA. The appeal ought to have been made to a judge in chambers in accordance with section 4(9). The Court of Appeal accordingly has no jurisdiction to hear the appeal which is not properly before this court. SAINT VINCENT AND THE GRENADINES Case Name Jonathan Peters v The National Commercial Bank (SVG) Ltd. [Civil Appeal No. 25 of 2008] On paper: Applicant: Unrepresented Respondent: Unrepresented Issue: Application for leave to appeal arbitration award Result: It was ordered that: The Application for leave to appeal the arbitration award made on 25th July 2005 is refused. Case Name Bobby Joseph v The Queen [Criminal Appeal No. 17 of 2008] On paper: Applicant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: It was ordered that: The Application for extension of time to appeal is refused. 3 Reason: No good reason has been advanced for the delay in filing the appeal or making the application. Case Name Josiah Rodney v The Commissioner of Police [Magisterial Criminal Appeal No. 5 of 2009] On paper: Applicant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: It was ordered that:

1.The Application for extension of time to appeal is granted.

2.The Notice of Appeal should be filed and served on or before the 31st day of March, 2009. Reason: The Appellant was not aware of his right to appeal. TERRITORY OF THE VIRGIN ISLANDS Case Name Melvina Frett-Henry v Tortola Concrete Limited [Civil Appeal No. 24 of 2008] On paper: Applicant: Harney, Westwood & Riegels Respondent: McTodman & Co. Issue: Application for extension of time to appeal Result: It was ordered that:

1.The Application for extension of time to file a Notice of Appeal is granted.

2.The Notice of Appeal filed on the 17th day of December, 2008 is deemed to be properly filed. Case Name Satyaprakash Rajmungal v Brian Penn [Civil Appeal No. 1 of 2008] 4 On paper: Appellant: Harney, Westwood & Riegels Respondent: The Attorney General Issue: Application for withdrawal of appeal Result: It was ordered that: The appeal is withdrawn and accordingly dismissed. Reason: The parties agreed.