COURT OF APPEAL SITTING
SAINT CHRISTOPHER AND NEVIS
10th – 14th October 2016
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| JUDGMENTS |
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Case Name: |
| Delta Petroleum (Nevis) Limited v
[2] Othneil Hyliger
[SKBHCVAP2013/0016] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondents: |
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Issues: |
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Result & Reason: |
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| APPLICATIONS AND APPEALS |
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Case Name: |
| Reginald Anthony Hull v
[2] The Social Security Board
[SKBHCVAP2012/0029] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
(The appellant is now deceased) |
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| Respondents: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order: |
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Reason: |
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Case Name: |
| Anne Hendricks Bass v [1] Director of Physical Planning [2] Development Advisory Committee
[SKBHCVAP2016/0004] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Damian Kelsick |
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| Respondents: | Ms. Jean M. Dyer (for both respondents) |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order: |
| The application is set down to Thursday. |
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Reason: |
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Case Name: |
| Anne Hendricks Bass v [1] Director of Physical Planning [2] Development Advisory Committee
[SKBHCVAP2016/0004] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Damian Kelsick |
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| Respondents: | Ms. Jean M. Dyer (for both respondents) |
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Issues: |
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Type of Oral Result/Order Delivered: |
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Result / Order: |
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Reason: |
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| STATUS HEARING |
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Case Name: |
| Wendell Welcome v The Director of Public Prosecutions
[SKBHCRAP2014/0003] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. 5. |
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Case Name: |
| Kennedy David Ramsey v Aurelie Ramsey
[SKBHCVAP2011/0024] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Nassibou Butler |
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| Respondent: | Ms. Miselle O’Brien |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order & Reason: |
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Case Name: |
| Ramsbury Properties Limited v Ocean View Construction Limited
[SKBHCVAP2011/0020] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. M. Angela Cozier |
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| Respondent: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. |
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Reason: |
| The transcript was not ready. |
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| APPLICATIONS AND APPEALS |
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Case Name: |
| Mark Brantley v Dwight C. Cozier
[SKBHCVAP2014/0027] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant / Respondent: |
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| Respondent / Applicant: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| Correction of Judgment
1. 2.
1. 2. |
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Case Name: |
| Bridge Funding Inc v
[2] Jorn Eivik
[SKBHCVAP2016/0012] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Applicant: | Ms. Dia Forrester |
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| Respondents: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Resenda Browne v [1] Nigel Romney [2] Lionel Patrick
[SKBHCVAP2011/0026] |
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Date: |
| Monday, 10th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondents: | Mr. Adrian Scantlebury |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Eartis Harris v The Director of Public Prosecutions
[SKBHCVAP2013/0010] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Natasha Grey |
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| Respondent: | Mr. Esan Granderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result/Order: |
| 1. 2. |
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Case Name: |
| Sandy Nisbett v The Director of Public Prosecutions
[SKBHCRAP2012/0014] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | In person |
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| Respondent: | Mr. Teshaun Vasquez, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. (a) (b) (c) (d) |
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Reason: |
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Case Name: |
| [1] Exzavier Elliott [2] Junior Stephens v The Director of Public Prosecutions
[SKBHCRAP2012/0015] [SKBHCRAP2012/0017A] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellants: | Both in person |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order: |
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Case Name: |
| First Fidelity Deposit Corporation v [1] Andrew Michael Austin Titley [2] Judith Ann Brunton Titley [3] Caribbean Trust Company
[SKBHCVAP2015/0031] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Tim Prudhoe |
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| Respondents: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order & Reason: |
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Case Name: |
| Julian Clarence Charles v The Director of Public Prosecutions
[SKBHCRAP2013/0015] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | In person |
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| Respondent: | Mr. Teshaun Vasquez, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
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1. 2. 3. |
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Reason: |
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Case Name: |
| Evans Amory v The Director of Public Prosecutions
[SKBHCRAP2012/0016A] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | In person |
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| Respondent: | Mr. Vaughn Henderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Clayton Laws v The Director of Public Prosecutions
[SKBHCRAP2013/0001]
Jermaine Riley v The Director of Public Prosecutions
[SKBHCRAP2013/0002]
Ali Percival v The Director of Public Prosecutions
[SKBHCRAP2013/0003]
Jahmana Walters V The Director of Public Prosecutions
[SKBHCRAP2013/0004] |
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Date: |
| Tuesday, 11th October 2016 |
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Coram: |
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Appearances: |
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| Appellants: | Mr. Jason Hamilton (for Clayton Laws)
Mr. Hesketh Benjamin (for Jermaine Riley)
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| Respondent: | Mr. Vaughn Henderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Sylvester Merchant v The Director of Public Prosecutions
[SKBHCRAP2013/0014] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Dr. Henry Browne, QC |
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| Respondent: | Mr. Teshaun Vasquez, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
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Reason: |
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Case Name: |
| Razba Matthew v The Director of Public Prosecutions
[SKBHCRAP2011/0021] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Steadroy Scott v The Director of Public Prosecutions
[SKBHCRAP2012/0021] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | In person |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| N/A |
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Result / Order: |
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Reason: |
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Case Name: |
| Carl Matthew v The Director of Public Prosecutions
[SKBHCRAP2013/0012] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Natasha Grey |
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| Respondent: | Mr. Teshaun Vasquez, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral judgment or decision |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Quincy Davis v The Director of Public Prosecutions
[SKBHCRAP2013/0005] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Hesketh Benjamin |
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| Respondent: | Mr. Esan Granderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| SK Nevis Resort LLC v Glenford Roberts
[SKBHCVAP2016/0002] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Nancy Vasile v [1] Steven Englander [2] Fern Englander
[SKBHCVAP2015/0023] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Keisha Spence |
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| Respondents: | Mr. Dustin Delany |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. |
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Reason: |
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Case Name: |
| The Democrat Printing Company Limited v
[SKBHCVAP2013/0026] |
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Date: |
| Wednesday, 12th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: | Ms. Angelina Gracy Sookoo |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Anne Hendricks Bass v [1] Director of Physical Planning [2] Development Advisory Committee
[SKBHCVAP2016/0004] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant / Applicant: |
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| Respondents: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. 5. 6. 7. 8. |
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Case Name: |
| [1] Wilmot Alleyne [2] Audrey Alleyne v
[SKBHCVAP2015/0019] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellants: | No appearance |
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| Respondent: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
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Reason: |
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Case Name: |
| Seth Foster v Ocean Reefs Resorts Limited
[SKBHCVAP2016/0008] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Keithlyn Bergan v Sheryl Evans
[SKBHCVAP2014/0021] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
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Result / Order: |
| 1. 2. |
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Reason: |
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Case Name: |
| Eartis Harris v The Director of Public Prosecutions
[SKBHCVAP2013/0010] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Natasha Grey |
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| Respondent: | Mr. Esan Granderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| [1] Exzavier Elliott [2] Junior Stephens v The Director of Public Prosecutions
[SKBHCRAP2012/0015] [SKBHCRAP2012/0017A] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Both in person |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. |
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Reason: |
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| CASE MANAGEMENT |
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Case Name: |
| Adam Bilzerian v Kevin Horstwood
[SKBHCVAP2015/0028] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant / Applicant: | No appearance |
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| Respondent: | In person |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. 5. |
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Case Name: |
| Kevin Andrew Horstwood v Adam Bilzerian
[SKBHCVAP2016/0003] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Mr. Terence Byron |
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| Respondent: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result/Order: |
| 1. 2. 3. 4. 5. |
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Case Name: |
| Caribbean Building Systems (St. Kitts) Ltd v [1] Colin Parry
[SKBHCVAP2014/0025] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Unrepresented |
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| Respondents: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. |
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Case Name: |
| Caribbean Building Systems (St. Kitts) Ltd v [1] Simon Briggs
[SKBHCVAP2014/0026] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | No appearance |
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| Respondents: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. |
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Case Name: |
| Adam Bilzerian v [1] Zachary Getz [2] St Christopher Club Condominiums
[SKBHCVAP2016/0006] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | No appearance |
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| Respondents: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Case Name: |
| [1] Kevin Andrew Horstwood [2] Exclusive Hotels Limited v
[2] Belmont Resorts Limited [3] The Registrar of the High Court
[5] Kate Walwyn [6] Lemon Grove Company Limited
[SKBHCVAP2016/0013] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellants / Applicants: | Mr. Terence Byron |
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| Respondents: | No appearance |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. 3. |
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Reason: |
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Case Name: |
| Adam Bilzerian v [1] Gerald Lou Weiner [2] Kathleen Ann Weiner
[SKBHCVAP2015/0015] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Unrepresented |
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| Respondents: | Ms. Jean Dyer |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. 5. |
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| APPLICATIONS AND APPEALS |
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Case Name: |
| Calvin Prentice v [1] Jamie Wilkinson [2] Deon & Associates
[SKBHCVAP2016/0010] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Felicia Johnson |
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| Respondent: | Mr. Terence Byron |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Sankofa Maccabbee v The Chief of Police
[SKBMCRAP2015/0007] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: | Mr. Esan Granderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| Thuan Audain v The Chief of Police
[SKBMCRAP2015/0001] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: | Mr. Vaughan Henderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. |
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Case Name: |
| Ellia Jeffers v The Chief of Police
[SKBMCRAP2015/0015] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | Ms. Marsha Henderson |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Reason: |
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Case Name: |
| [1] Zambo Heath [2] Marlon Heath [3] Joycelyn Ishackey Hodge v Chief of Police
[SKBMCRAP2014/0015] [SKBMCRAP2014/0016] [SKBMCRAP2014/0014] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellants: |
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| Respondent: |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Directions |
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Result / Order: |
| 1. 2. 3. 4. |
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Case Name: |
| Hitesh Chandwani v Chief of Police
[SKBMCRAP2014/0021] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: |
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| Respondent: | Mr. Esan Granderson, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
| 1. 2. |
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Reason: |
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Case Name: |
| Steven Berkeley v Cable & Wireless
[SKBMCVAP2014/0006] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | No appearance |
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| Respondent: | Ms. Felicia Johnson |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
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Reason: |
| The appellant could not be located. |
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Case Name: |
| Steadroy Scott v The Director of Public Prosecutions
[SKBHCRAP2012/0021] |
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Date: |
| Thursday, 13th October 2016 |
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Coram: |
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Appearances: |
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| Appellant: | In person |
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| Respondent: | Mr. Teshaun Vasquez, Crown Counsel |
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Issues: |
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Type of Oral Result/Order Delivered: |
| Oral Judgment or Decision |
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Result / Order: |
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Reason: |
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