MATTERS DEALT WITH ON
PAPER

Before:

The Hon. Mde. Gertel Thom, Justice of Appeal

Case Name:

Jenny Lindsay dba
Jenny Lindsay & Associates

v

Simeon Fleming

(In his capacity as Administrator
of the Estates of the late Sarah Ann Connor aka Richardson and Catherin
Fleming, deceased)

[AXAHCVAP2015/0006]

(Anguilla)

Date:

Thursday,
19^th November 2015

On paper:

Applicant
/ Respondent:

Ms. Jenny Lindsay (Jenny Lindsay & Associates) and
Mr. Sydney Bennett, QC

Respondent
/ Applicant:

Mr. Kerith T. Kentish (Joyce Kentish & Associates)

Issues:

Application by respondent to strike out notice of appeal
– Application for extension of time to file notice of appeal and submissions and
for relief from sanctions

Result /
Order:

IT IS HEREBY ORDERED
THAT:

1.    An extension of time
is granted to the applicant to file the notice of appeal and submissions. The
notice of appeal and submissions filed on 27^th October 2015 are
deemed to be properly filed.

2.    Costs to the
respondent in the sum of $750.00.

Reason:

The Court was satisfied that the applicant had met the
threshold requirements for the grant of an extension of time.

Case Name:

[1] Jenny Lindsay

[2] Jenny Lindsay
& Associates

v

Thomas Edward Carty

[AXAHCVAP2015/0007]

(Anguilla)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Ms. Jenny Lindsay (Jenny Lindsay & Associates)

Respondent:

Ms. Yanique L. Stewart (J.A.G. GUMBS & Co)

Issue:

Application for extension of time to file and serve
appeal bundle – Application for relief from sanctions

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for
extension of time is granted. The record of appeal filed on 23^rd
October 2015 is deemed properly filed.

2.    Costs to the
respondent in the sum of $700.00.

Reason:

The Court was satisfied that the applicant had met the
threshold requirements for the grant of an extension of time.

Case Name:

Antigua Power Company

v

[1] Hon. Baldwin
Spencer

[2] Hon. Justin Simon
QC

[3] Ambassador, Sir
David Shoul

[4] Clarvis Joseph

[5] Esworth Martin

[6] Government of
Antigua and Barbuda

[7] Public Utilities
Company (APUA)

[8] Beijing Construction
and Engineering Group Limited

[9] Export and Import
Bank of China

[ANHUCVAP2015/0032]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Dane Hamilton, QC (Dane Hamilton & Associates)

Issue:

Application for leave to appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for leave to appeal
filed on the 24^th day of September 2015 is granted.

2.    The applicant shall comply with the
provisions of rule 62.10 of 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:

Myrna Norde

v

Jacqueline Mannix

(As Personal Representative of the
Estate of Henry Alford Mannix)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Ralph
A. Francis

Issue:

Application for leave to appeal

Result /
Order:

IT IS ORDERED THAT:

The hearing of the application is fixed for 1^st
December 2015 by teleconference at 10:00 am before a single judge of the
Court.

Reason:

The Court noted that the applicant had not complied with
rule 62.2(1) of the Civil Procedure Rules 2000 (“CPR 2000”). The Court was
minded to refuse leave and acted in accordance with CPR 62.2(5).

Case Name:

Haynes Browne

v

Lena Carr, deceased
by her Personal Representative Buell Carr

[ANUHCVAP2014/0007]

(Antigua and Barbuda)

Date:

Thursday, 19^th November 2015

On paper:

Appellant
/ Respondent:

Henry & Burnette

Respondent
/ Applicant:

Dr. David Dorsett (Watt, Dorsett & Company)

Issue:

Application to substitute respondent

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    Neil Sargeant,
Executor of the estate of Buell Carr, deceased be substituted as the
respondent, pursuant to rule 19 .2(5) of the Civil Procedure Rules 2000.

2.    The matter shall be
listed for status hearing on a date and at a time to be determined by the
Chief Registrar.

Reason:

The Court was satisfied that the respondent/applicant had
met the requirements for the substitution of a party pursuant to CPR 19.2(5).

Case Name:

Judah Benjamin

v

The Chief Magistrate,
District “A”

[ANUMCRAP2015/0001]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Bowen
& Bowen

Issue:

Application for extension of time to file notice of
appeal

Result /
Order & Reason:

IT IS HEREBY ORDERED THAT:

1.    The application for an extension of
time to file a notice of appeal filed on 6^th March 2015 is
granted.

2.    The applicant shall file a notice of
appeal within 14 days of this order.

Reason:

The Court noted that there was no objection to the
application by the Director of Public Prosecutions.

Case Name:

Keyon Bronile
Hamilton

v

Chief Magistrate

[ANUHCVAP2015/0002]

(Antigua and Barbuda)

Date:

Thursday, 19^th November 2015

On paper:

Applicant:

Mr. Lawrence Daniels (Daniels, Phillips & Associates)

Issue:

Application for stay of sentence of 8 months imprisonment
until determination of appeal – Draft order requesting that applicant be
admitted to bail

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for bail is referred
to the High Court to be determined by a judge of the High Court.

2.    The Registrar of the High Court shall
forthwith assign the application to a judge of the High Court and give the
parties notice of the date and time of the hearing of the application.

Reason:

The Court
noted the provisions of sections 168 and 169 of the Magistrate’s Code of
Procedure Cap. 255 Laws of Antigua and Barbuda 1992 which provides as
follows:

“168. Every appeal shall be either by way of motion or
special or special case as hereinafter provided. case.

169. An appeal, whether by way of motion or special case,
shall have the effect of suspending the execution of the decision, judgement
or order appealed from until the final determination of such appeal.”

Case Name:

Terry Herbert

v

Her Majesty The Queen

[ANUHCRAP2015/0012]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Bowen & Bowen

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 a notice of appeal filed on 6^th March 2015 is
granted.

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The court noted that there was no opposition by the
Director of Public Prosecution to the application.

Case Name:

Melville Samuel

v

Her Majesty the Queen

[ANUHCRAP2015/0013]

(Antigua and Barbuda)

Date:

Thursday, 19^th November 2015

On paper:

Applicant:

Bowen & Bowen

Issue:

Application for extension of time to file notice of
appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for extension of time
to file a notice of appeal filed on 6^th March 2015 is granted.

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was opposition by the Director
of Public Prosecutions to the application.

Case Name:

George Baron

v

Her Majesty The Queen

[ANUHCRAP2015/0013]

Date:

Thursday,
19^th November 2015

On paper:

Appellant:

Bowen & Bowen

Issue:

Application for extension of time to file notice of
appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for extension of time
to file a notice of appeal filed on 6^th March 2015 is granted.

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was opposition by the Director
of Public Prosecutions to the application.

Case Name:

Ronald Samuel

v

Her Majesty The Queen

[ANUHCRAP2015/0015]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Bowen
& Bowen

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 a notice of appeal filed on 6^th March 2015 is
granted.

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was opposition by the Director
of Public Prosecutions to the application.

Case Name:

David Daniel

v

Her Majesty The Queen

[ANUHCRAP2015/0016]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Bowen & Bowen

Issues:

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 a notice of appeal filed on 6^th March 2015 is
granted.

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was opposition by the Director
of Public Prosecutions to the application.

Case Name:

Xavier Mason

Cornell Humphreys

Colin Barnes

Cameron Thomas

Lyndon Greene

v

Antigua Port
Authority

[ANUHCVAP2011/0027]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Kendrickson H. Kentish (Lake & Kentish)

Issue:

Application for extension of time to file record of
appeal – Application for relief from sanctions

Result /
Order:

IT IS HEREBY ORDERD THAT:

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

2.    The record of appeal filed on 12^th
October 2015 is deemed properly filed.

Reason:

The Court was satisfied that the applicant had met the
requirements for the grant of an extension of time.

Case Name:

Antigua and Barbuda Transport
Board

v

Anderson Carty

[ANUHCVAP2015/0006]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Hugh C. Marshall Jnr (Marshall & Co.)

Issue:

Application for leave to appeal – Application for stay of
execution – Application for consolidation of appeals

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The applicant shall file a copy of the
order being appeal within 14 days from the date of this order.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Reason:

The Court noted that the order being appeal was not
attached to the application for leave to appeal.

Case Name:

Antigua and Barbuda
Transport Board

v

James Sebastian

[ANUHCVAP2015/0017]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Hugh C. Marshall Jnr. (Marshall & Co.)

Issue:

Application for leave to appeal – Application for stay of
execution – Application for consolidation of appeals

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The applicant shall file a copy of the
order being appealed within 14 days from the date of this order.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Reason:

The Court noted that the order being appealed was not
attached to the application for leave to appeal.

Case Name:

Antigua and Barbuda
Transport Board

v

Anique Francis

[ANUHCVAP2015/0008]

(Antigua and Barbuda)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Hugh C. Marshall Jnr (Marshall & Co.)

Issue:

Application for leave to appeal – Application for stay of
execution – Application for consolidation of appeals

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The applicant shall file a copy of the
order being appealed within 14 days from the date of this order.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Reason:

The Court noted that the order being appealed was not
attached to the application for leave to appeal.

Case Name:

Eastern Caribbean
Insurance Limited

v

Roger Williams

[GDAHCVAP2015/0027]

(Grenada)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Amicus
Attorneys

Issue:

Application
for extension of time to file notice of appeal

Result /
Order & Reason:

IT IS HEREBY ORDERED THAT:

1.    The application for an extension of
time to file a notice of appeal is refused.

2.    No order as to costs.

Reason:

The Court noted that the order being appeal is a costs
order for which leave to appeal is required and that the application filed is
for an extension of time to file a notice of appeal and not an application
for leave to appeal.

Case Name:

Anslem B. Clouden

v

Georges Cohen

[GDAHCVAP2014/0039]

(Grenada)

Date:

19^th November 2015

On paper:

Applicant:

Mr. Francis Alexis, QC (Grenlaw Chambers)

Respondent:

Ms. Kimber Guy-Renwick (Henry, Henry & Bristol)

Issue:

Application for stay pending determination of appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for stay of execution
of the judgment of Gilford J dated 3^rd October 2014 and the order
dated 12^th June 2015 is refused.

2.    The appellant/applicant shall pay
costs to the respondent in the sum of $750.00.

Reason:

The Court was of the opinion that the
appellant had not provided any cogent evidence in support of the grant of a
stay of execution and further had not shown that there would be any risk of
injustice or that the appellant would not be able to recover any monies from
the respondent should the stay not be granted. Accordingly, the Court was of
the view that the appellant had failed to meet the threshold requirements for
the grant of a stay.

Case Name:

Prickly Bay Waterside
Limited

v

[1] Derick Steele

[2] British American
Insurance Company Limited (Under Judicial Management)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Amicus
Attorneys

Respondent:

Mr. James
Bristol (Henry, Henry & Bristol

Issues:

Application for extension of time to file notice of
appeal – Application to deem notice of appeal properly filed – Application to
proceed with appeal as an appeal against a final order – Notice of
discontinuance withdrawing and discontinuing the appeal against the first
respondent

Result / Order:

IT IS HEREBY ORDERED BY CONSENT AS FOLLOWS:

1.    That paragraphs 47 and 61 (2) of the
said order of Madam Justice Clare Henry are final in nature, not requiring
leave to appeal. Accordingly, the application for leave to appeal is hereby
dismissed.

2.    That the notice of appeal filed by the
appellant on 30^th September 2015 and served on the respondents on
1^st October 2015 was properly filed and served.

3.    That the appellant shall file an amended
notice of appeal on or before the 4^th day of December 2015.

4.    That the within appeal shall proceed
in accordance with Part 62 of the Civil Procedure Rules 2000 (as amended) and
that time for compliance with the provisions of CPR 2000 shall run from the
date of filing of the amended notice of appeal.

5.    There shall be no order as to costs.

Reason:

The appellant and the second-named respondent agreed that
the orders contained at paragraph 47 and 61(2) of the decision of Madam
Justice Clare Henry dated 26^th August 2015 refusing the
appellant’s application for a declaration of a Quintclose type trust are
final in nature.

Case Name:

Time Bourke Holdings
(Grenada) Limited

v

Issa Nicholas
(Grenada) Limited

[GDAHCVAP2015/0029]

(Grenada)

Date:

Thursday, 19^th November 2015

On paper:

Applicant:

Mr. Ruggles Ferguson (Ciboney Chambers)

Issues:

Application for leave to appeal

Result /
Order & Reason:

IT IS HEREBY ORDERED THAT:

1.    The applicant shall
file a copy of the order being appealed within 14 days from the date of this
order.

2.    The application is
adjourned to the next Chamber Hearing date scheduled for 17^th
December 2015.

Reason:

The Court noted that the order being appealed was not
attached to the notice of application filed on 21^st October 2015.

Case Name:

Velda Lewis

v

Grenada Ports
Authority

[GDAHCVAP2011/0024]

(Grenada)

Date:

Thursday, 19^th November 2015

On paper:

Appellant:

Ms. Pauline Hannibal (Hannibal & Duncan Phillip)

Issue:

Application for leave to amend notice of appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

Leave is granted to amend the notice of appeal in terms
outlined in the notice of application dated 23^rd October 2015.

Reason:

The Court noted that there was no opposition to the
application.

Case Name:

Priscilla Williams

v

Wendell Lee

[MNILTAP2015/0001]

(Montserrat)

Date:

Thursday, 19^th November 2015

On paper:

Applicant:

Mr. Sylvester Carrott

Issue:

Application to state case

Result /
Order & Reason:

IT IS HEREBY ORDERD THAT:

1.    The applicant shall within 14 days of
the date of this order provide proof of refusal by the tribunal to state a
case.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Case Name:

Elton Andrews

v

The Commissioner of
Police

[SVGMCRAP2015/0046]

(Saint Vincent and the
Grenadines)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

In person

Issue:

Application for extension of time to appeal

Result /
Order & Reason:

IT IS
HEREBY ORDERED THAT:

1.    The Registrar of the High Court shall
provide the Court with a copy of the minute of conviction and sentence on or
before 30^th November 2015.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Case Name:

Lorraine A. Cato

v

Gracelyn Cloreth Cato
nee Peters

[SVGHCVAP2015/0019]

(Saint Vincent and the
Grenadines)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

Mr. Jaundy O.R. Martin (Phronesis Chambers)

Issue:

Application for extension of time to appeal

Result /
Order & Reason:

IT IS
HEREBY ORDERED THAT:

1.    The applicant shall provide proof of
service of the application and supporting documents on the respondent on or
before 30^th November 2015.

2.    The application is adjourned to the
next Chamber Hearing scheduled for 17^th December 2015.

Case Name:

Garvey Solomon

v

The Commissioner of
Police

SVGMCRAP2015/0035]

(Saint Vincent and the
Grenadines)

Date:

Thursday, 19^th November 2015

On paper:

Applicant:

In person

Issue:

Application for extension of time to appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

1.    The application for extension of time
is granted.

2.    The applicant is granted leave to
appeal the sentence imposed on him by the learned magistrate.

3.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was no opposition to the
application by the Director of Public Prosecution.

Case Name:

Andrew Harry

v

The Commissioner of
Police

[SVGMCRAP2015/0036]

(Saint Vincent and the
Grenadines)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

In person

Issue:

Application for extension of time to appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

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

2.    The applicant shall file a notice of
appeal within 14 days of the date of this order.

Reason:

The Court noted that there was no opposition to the
application by the Director of Public Prosecution.

Case Name:

Leroy Haynes

v

The Commissioner of
Police

[SVGHCRAP2013/0028]

(Saint Vincent and the
Grenadines)

Date:

Thursday,
19^th November 2015

On paper:

Applicant:

In person

Issue:

Application to add further grounds of appeal

Result /
Order:

IT IS HEREBY ORDERED THAT:

The appeal is adjourned to the next sitting of the Court
of Appeal in Saint Vincent and the Grenadines during the week commencing
Monday 18^th April 2015 for case management in order for the Court to
deal with the matter of assignment of legal aid to the appellant.

Reason:

The Court noted that there was no opposition to the
application by the Director of Public Prosecution. The Court also noted that
the applicant was convicted of murder and the need for counsel to be assigned
to the applicant. The court was of the view that counsel when assigned would
be in a position to draft the further grounds of appeal.

Case Name:

Marlon Deterville

v

The Commissioner of
Police

[SVGMCRAP2014/0053]

(Saint Vincent and the
Grenadines)

Date: