JUDGMENTS

Case Name:

Delta Petroleum (Nevis) Limited

v

[1] OOJJ’s Ltd (Doing business as OOJJ’s Service
Station)

[2] Othneil Hyliger

[SKBHCVAP2013/0016]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Mr. Adrian Scantlebury holding papers for Mr. John
Carrington, QC

Respondents:

Ms. Sherry-Ann Liburd-Charles (for 2^nd
respondent)

2^nd respondent, Mr. Othneil Hyliger also
present

Issues:

Civil appeal – Landlord and tenant – Covenant not to
derogate from grant – Whether there was derogation from
grant by respondent – Whether respondent’s omission
amounts to breach of covenant – Whether appellant
entitled to terminate lease agreement on basis of
breach of fundamental terms – Costs

Result & Reason:

Held: allowing the appeal in part and ordering costs in
the appeal be assessed at 1/6 of the prescribed costs
in the court below, that:

1.

The covenant not to derogate from grant is prospective
in nature. While it embraces any act or omission on the
part of the landlord which has the effect of rendering
the premises substantially less fit for the purpose, it
does not embrace acts or omissions occurring before the
lease agreement was entered into. In this case, the
second respondent wired the demised premises before and
not after the lease was entered into. Consequently,
there was no derogation from grant with respect to the
pre-lease wiring and/or any continuing consequences
this might have had for the tenant.

Southwark London Borough Council v Mills and
others; Baxter v Camden London Borough of Council


[1999] 4 All ER 449 applied;
Chartered Trust plc v Davies
[1997] 2 EGLR 83 applied;


William Old International Limited v Arya and
another



[2009] EWHC 599 (Ch) at para. 36 applied.

2.

In order to have validly terminated the lease agreement
on the basis of there being a breach of a fundamental
term of the agreement, there must have been, at the
time of the purported termination, cogent evidence that
conclusively established that (i) the adequate supply
of electricity was in fact a fundamental term; and (ii)
the second respondent failed in his duty to provide an
adequate supply of electricity. In this case, the
fundamental term relates to the supply of electricity
to the premises, not its adequacy. Since the agreement
was not discharged on the ground of a breach of the
fundamental term to supply electricity or more
generally a breach of the covenant not to derogate from
grant, the appellant wrongfully purported to terminate
the lease agreement in September 2008. Further, there
was no conclusive evidence that unequivocally
established that the second respondent caused the
fluctuations or that he was under an obligation to
rectify the wiring of the demised premises so as to
make it fit for its intended purpose. The learned judge
was therefore right in holding that the appellant had
no legal or fatual basis for the early termination of
the lease agreement.

3.

In relation to the entitlement to set off, since the
appellant wrongfully purported to terminate the lease
agreement, its obligation to pay rent continued until
December 2009. Accordingly, the learned judge was
entitled to set off the sum of $208,400.00 representing
unpaid rent against the principal sum of $486,833.84
owed to the appellant.

4.

On the question of costs, rule 65.5(1)(2) of the Civil
Procedure Rules 2000 provides in part that the “value”
of the claim, whether or not the claim is one for a
specified or unspecified sum, coupled with a claim for
other remedies is to be decided in the case of the
claimant or defendant – (a) by the amount agreed or
ordered to be paid. In the case at bar, no money was
“ordered to be paid” to the second respondent. The
$208,400.00 was an amount that was set off against the
debt owed to the appellant. The learned judge therefore
had no legal basis for awarding prescribed costs to the
second respondent on the counterclaim, which in effect
was a set off.

Rule 65.5 (1) of the Civil Procedure Rules 2000
applied; Rule 64.6 (1) of the Civil Procedure Rules
2000 considered.

APPLICATIONS AND APPEALS

Case Name:

Reginald Anthony Hull

v

[1] The Attorney General of St. Christopher and Nevis

[2] The Social Security Board

[SKBHCVAP2012/0029]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Mr. Garth Wilkin, with him, Mr. Damian Kelsick

(The appellant is now deceased)

Respondents:

Ms. Nisharma Rattan-Mack (for the 1^st
respondent)

Mr. Leon Charles (for the 2^nd respondent)

Issues:

Application to vary order of single judge – Whether or
not a bailiff can be held personally responsible and
the Crown vicariously liable for unlawful imprisonment
in pursuit of the execution of an order of the
magistrate to imprison a debtor – Jurisdiction of full
Court to review decision of single judge – Whether
order made by single judge in a procedural /
interlocutory appeal reviewable by Full Court –
Applicability of rule 62.16(A) and rule 62.10 of the
Civil Procedure Rules 2000 (as amended by the 2011 CPR
2000 amendments) to an interlocutory appeal –
Applicability of s. 10.3 of the Windward Islands and
Leeward Islands (Courts) Order in Council, 1959 –
Applicability of s. 5(6) of the Saint Christopher and
Nevis Constitution Order 1983 – Whether warrant of
committal invalid and therefore the unrest unlawful –
Applicability of s. 4(5) of the Crown Proceedings Act,
Cap. 5.06, Revised Laws of Saint Christopher and Nevis
2009

Type of Oral Result/Order Delivered:

N/A

Result / Order:

Notice of discontinuance to be filed by Tuesday, 11 ^th October 2016.

Reason:

The Court was informed that a notice of discontinuance
was to be filed in the matter and that settlement
negotiations are being concluded.

Case Name:

Anne Hendricks Bass

v

[1] Director of Physical Planning

[2] Development Advisory Committee

[SKBHCVAP2016/0004]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Mr. Damian Kelsick

Respondents:

Ms. Jean M. Dyer (for both respondents)

Issues:

Judicial review – Applicability of the Public
Authorities Protection Act (Cap. 5.13, Revised Laws of
Saint Christopher and Nevis 2009) (“PAPA”) to judicial
review proceedings – Time limitation contained in s.
2(1)(a) of PAPA – Application to withdraw application
for stay of interim order by single judge

Type of Oral Result/Order Delivered:

N/A

Result / Order:

The application is set down to Thursday.

Reason:

The application might be mute since the substantive
matter will be heard later today.

Case Name:

Anne Hendricks Bass

v

[1] Director of Physical Planning

[2] Development Advisory Committee

[SKBHCVAP2016/0004]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Mr. Damian Kelsick

Respondents:

Ms. Jean M. Dyer (for both respondents)

Issues:

Judicial review – Applicability of the Public
Authorities Protection Act (Cap. 5.13, Revised Laws of
Saint Christopher and Nevis 2009) (“PAPA”) to judicial
review proceedings – Time limitation contained in s.
2(1)(a) of PAPA

Type of Oral Result/Order Delivered:

Oral Judgment with Written Reasons to Follow

Result / Order:

The appeal against the preliminary objection is
allowed.

Reason:

Judicial Review Proceedings are not caught by the
Public Authorities Protection Act. Written reasons will
be provided at a later date.

STATUS HEARING

Case Name:

Wendell Welcome

v

The Director of Public Prosecutions

[SKBHCRAP2014/0003]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Appellant:

Ms. Marsha Henderson (the appellant was also present)

Respondent:

Mr. Valston Graham, Director of Public Prosecutions,
with him, Mr. Teshaun Vasquez, Crown Counsel

Issues:

Status of matter – Appeal against conviction and
sentence – Unlawful carnal knowledge

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

Leave is granted to the appellant to file and serve
additional grounds of appeal within 21 days of this
order;

2.

Leave is granted to appellant to serve skeleton
arguments on or before 28^th December 2016;

3.

The respondents shall file skeleton submissions in
reply on or before 27^th January 2017;

4.

The appellant is granted leave, if necessary, to file
and serve submissions in answer on or before 14 ^th February 2017;

5.

The hearing of the appeal is adjourned and traversed to
the next sitting of the court in the Federation of
Saint Christopher and Nevis during the week commencing
13^th March 2017.

Case Name:

Kennedy David Ramsey

v

Aurelie Ramsey

[SKBHCVAP2011/0024]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Appellant:

Mr. Nassibou Butler

Respondent:

Ms. Miselle O’Brien

Issues:

Status of matter – Whether decision of the learned
judge unreasonable and cannot be supported having
regard to evidence – Whether learned judge erred in
holding that there was no good reason for setting aside
judgment made in appellant’s absence – Rule 39.5(3)(a)
of the Civil Procedure Rules 2000 – Whether parties
intend to prosecute appeal

Type of Oral Result/Order Delivered:

N/A

Result / Order & Reason:

Matter adjourned to the next sitting of the Court of
Appeal in the Federation of Saint Christopher and Nevis
during the week commencing 13^th March 2017
to facilitate settlement of the matter.

Case Name:

Ramsbury Properties Limited

v

Ocean View Construction Limited

[SKBHCVAP2011/0020]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Appellant:

Ms. M. Angela Cozier

Respondent:

No appearance

Issues:

Status of matter – Whether written lease agreement
between appellant (as lessor) and respondent (as
lessee) valid – Whether learned trial judge failed to
take into account material considerations when he held
that: i) the fixed term lease was not vetted by the
solicitor for the respondent; ii) the premises were hot
and poorly ventilated iii) the appellant had agreed to
provide eating facilities for the respondent’s workers
– Whether learned trial judge erred when he found that
appellant had repudiated contract between the parties
by reneging on agreement to provide eating and laundry
facilities as the property was an industrial site –
Whether learned trial judge erred when he found that
refitting of the building had to be done at appellant’s
expense – Whether learned trial judge erred when he
found that appellant had disturbed respondent’s quiet
enjoyment of the property – Application for stay of
order of learned trial judge contained in judgment
dated 3^rd October 2011 pending the final
hearing of matter

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

The Registrar of High Court is directed to ensure the
preparation of the transcripts in the matter;

2.

The matter is adjourned to the next sitting of the
Court of Appeal in the Federation of Saint Christopher
and Nevis for further status hearing during the week
commencing 13^th March 2017.

Reason:

The transcript was not ready.

APPLICATIONS AND APPEALS

Case Name:

Mark Brantley

v

Dwight C. Cozier

[SKBHCVAP2014/0027]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Appellant / Respondent:

Ms. Dia Forrester, with her, Mr. Gyan Robinson

Respondent / Applicant:

Dr. David Dorsett, with him, Ms. M. Angela Cozier

Issues:

Application (by respondent) for leave to appeal to Her
Majesty in Council – Application to correct judgment

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

Correction of Judgment

1.

The application for correction of judgment to correct
clerical errors on paragraphs 22, 67, and 79 is
granted. In these paragraphs the word “hotel” is to be
deleted and the word “building” is to be substituted;

2.

Costs to the applicant in the sum of $1,000.00.

Leave to appeal to Her Majesty in Council

1.

Application for leave to appeal to Her Majesty in
Council is dismissed ( Martinus Francois v The Attorney General
(SLUHCVAP2003/0037 (delivered 7^th June 2004,
unreported)) followed).

2.

Costs to the respondent on the application in the sum
of $2,000.00.

Case Name:

Bridge Funding Inc

v

[1] Carino Hamilton Development Company Ltd.

[2] Jorn Eivik

[SKBHCVAP2016/0012]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Applicant:

Ms. Dia Forrester

Respondents:

No appearance

Issues:

Application for leave to appeal and stay of decision of
learned judge pending determination of appeal – Default
judgment – Whether learned judge erred in exercise of
her discretion by setting aside default judgment
granted to applicant – Whether applicant has realistic
prospect of succeeding on appeal

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

Leave is granted to the applicant to serve the
respondent personally with the application together
with affidavits in support of the application within 7
days of this order.

2.

The applicant shall provide proof of service within 10
days of this order.

3.

The application is adjourned to the next chamber
hearing scheduled for 1^st November 2016 for
further consideration.

Reason:

The application was served on the firm of Merchant and
Associates instead of on the respondents personally.

Case Name:

Resenda Browne

v

[1] Nigel Romney

[2] Lionel Patrick

[SKBHCVAP2011/0026]

Date:

Monday, 10^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

Appearances:

Appellant:

Ms. Angelina Gracy Sookoo, with her, Ms. Rénal
Edwards (the appellant was also present)

Respondents:

Mr. Adrian Scantlebury

Issues:

Whether learned judge erred in finding that in absence
of proof of damages respondents not liable in
negligence – Whether learned trial judge erred in law
by referring to medical reports which were not admitted
into evidence – (By way of counter appeal) Whether
learned trial judge erred in law and in fact in finding
that the 1^st respondent had breached duty of
care owed to appellant

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

1.

The appeal is allowed and the decision of trial judge
is set aside and matter is remitted to the High Court
for assessment of damages to be done by the master;

2.
Costs in the sum of $2,000.00;

3.

The counter appeal is struck out since the respondents
have indicated that they will no longer pursue it.

Reason:

The learned trial judge erred in not concluding that
the 1^st respondent was negligent and
therefore liable for the loss that the appellant
suffered. The clear findings of fact by the learned
trial judge at paragraphs 71 – 76 of the judgment ought
to have led him to conclude that the 1^st
respondent was negligent. Accordingly, the learned
judge clearly fell into error at paragraph 77 of the
judgment when he conflated the matters of negligence
with matters relating to quantum of damages ( Margaret Blackburn v James A. L. Bristol
GDAHCVAP2012/0019 (delivered 12^th October
2015, unreported) followed).

Case Name:

Eartis Harris

v

The Director of Public Prosecutions

[SKBHCVAP2013/0010]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

Appearances:

Appellant:

Ms. Natasha Grey

Respondent:

Mr. Esan Granderson, Crown Counsel

Issues:

Appeal against conviction and sentence – Indecent
assault – Application for leave to amend grounds of
appeal to remove ground (a) relating to whether the
learned trial judge’s directions to jury on
corroboration evidence were inadequate – Whether
learned trial judge allowed evidence in trial which was
prejudicial to appellant – Whether learned trial judge
failed to give good character direction – Whether fact
that appellant’s counsel received instructions late
affected appellant’s right to fair trial – Whether
sentence imposed on appellant unduly harsh and severe

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result/Order:

1.

Leave is granted to amend the grounds of appeal
referred to as (a) “whether the trial judge gave
inadequate directions to the jury on corroboration
evidence.”

2.

The Court will deliver judgment later in the week and
the Registrar will notify counsel of the date. Bail
will continue until the Court renders its decision.

Case Name:

Sandy Nisbett

v

The Director of Public Prosecutions

[SKBHCRAP2012/0014]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

In person

Respondent:

Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against sentence – Manslaughter – Application
for adjournment of appeal

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

The appellant shall be legally aided in the conduct of
his appeal, such lawyer to be selected by the Registrar
from the roster of lawyers who may render the necessary
legal aid to the appellant.

2.

The hearing of the appeal is hereby adjourned to the
next sitting of the court in the Federation of St.
Kitts and Nevis during the week commencing the 13 ^th March 2017. During the period of the
adjournment the Crown shall take all reasonable
measures to obtain the services and reports listed at
items 29-32 of the record of the appeal, that is:

(a)

Sandy Nisbett will therefore benefit from being
evaluated by a forensic psychiatrist and risk
assessment being done.

(b)

Sandy Nisbett would benefit from a full Clinical
Neuropsychological Evaluation inclusive of Personality
testing and Intelligence testing. This should be done
by a PhD Clinical Psychologist and the results made
available to the Forensic Psychiatrist.

(c)

The Forensic Psychiatrist should also receive updated
reports from the social worker and psychologist, school
and other academic reports and records, and medical
reports, and other police reports and records should
also be made available.

(d)

Also available for interview should be corroborative
sources of information such as close family members –
parents and siblings – friends, employers, and
community members.

Reason:

There were serious issues in relation to the Social
Inquiry Report and the decision of the Court. Counsel
needed more time in order to respond.

Case Name:

[1] Exzavier Elliott

[2] Junior Stephens

v

The Director of Public Prosecutions

[SKBHCRAP2012/0015]

[SKBHCRAP2012/0017A]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

Appearances:

Appellants:

Both in person

Respondent:

Mr. Valston Graham, Director of Public Prosecutions

Issues:

Appeal involving Exzavier Elliot –
SKBHCRAP2012/0015

Appeal against conviction and sentence – Robbery –
Assault – Whether CCTV evidence was wrongfully admitted
into evidence – Whether fact that appellant was
interrupted during trial prevented him from having fair
trial – Whether learned trial judge erred in allowing
confession statement into evidence – Whether sentence
imposed by learned trial judge was too harsh

Appeal involving Junior Stephens –
SKBHCRAP2012/0017A

Appeal against conviction and sentence – Robbery –
Assault – Whether fact that appellant was interrupted
during trial prevented him from having fair trial –
Whether identification evidence was poor and therefore
unsafe

Type of Oral Result/Order Delivered:

N/A

Result / Order:

The Court will consider the matters raised by the
appellants and give a decision later in the week, if
not give an indication one way or the other.

Case Name:

First Fidelity Deposit Corporation

v

[1] Andrew Michael Austin Titley

[2] Judith Ann Brunton Titley

[3] Caribbean Trust Company

[SKBHCVAP2015/0031]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Dame Janice M. Pereira, DBE, Chief Justice

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

Appearances:

Appellant:

Mr. Tim Prudhoe

Respondents:

No appearance

Issues:

Whether learned judge erred in law and misdirected
herself in granting 2^nd respondent stay of
execution of default judgment and further, in setting
aside said default judgment – Whether application to
set aside default judgment properly before court –
Counsel for appellant not called to Bar in Federation
of St. Kitts and Nevis – Whether he can be properly
heard by Court of Appeal in the circumstances

Type of Oral Result/Order Delivered:

N/A

Result / Order & Reason:

The Court cannot hear the appellant as he is not called
to the Bar in this jurisdiction.

Case Name:

Julian Clarence Charles

v

The Director of Public Prosecutions

[SKBHCRAP2013/0015]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

In person

Respondent:

Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against conviction and sentence – Unlawful
carnal knowledge

Type of Oral Result/Order Delivered:

Directions

Result / Order:

Bearing in mind that the respondent has filed
submissions in this matter:

1.

Leave is granted to the appellant to file and serve
skeleton arguments together with authorities on or
before 28^th December 2016;

2.

Leave is granted to the Director of Public
Prosecutions, if necessary, to file and serve skeleton
arguments in answer on or before 31^st
January 2017;

3.

Hearing of this appeal is adjourned and traversed to
the next sitting of the Court of Appeal in the
Federation of Saint Christopher and Nevis during the
week commencing 13^th March 2017 for final
adjournment.

Reason:

The appellant made an application for an adjournment in
order to retain counsel.

Case Name:

Evans Amory

v

The Director of Public Prosecutions

[SKBHCRAP2012/0016A]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

In person

Respondent:

Mr. Vaughn Henderson, Crown Counsel

Issues:

Appeal against conviction and sentence – Indecent
assault – Application for leave to amend grounds of
appeal

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

1.

Leave is granted to the appellant to amend ground 1 of
his appeal to read as follows “(a) The learned judge
failed to grant the appellant adequate time to prepare
his defence in the matter contrary to the provisions of
the Constitution of St. Christopher and Nevis; (b) The
learned judge failed to adequately direct the jury on
the issue of the discrepancies in the evidence at the
trial; (c) The learned judge failed to properly direct
the jury on the issue of corroboration in sexual
offences, this appeal being related to a sexual offence
committed on a child.” Ground 2 remains as it relates
to the sentence being too harsh;

2.

Leave is granted to the appellant to file and serve
submissions on or before 13^th December 2016;

3.

Leave is granted to respondent to file and serve
submissions with authorities on or before 13 ^th January 2017;

4.

The hearing of this appeal is adjourned and traversed
to the next sitting of the Court of Appeal in the
Federation of Saint Christopher and Nevis during the
week commencing 13^th March 2017.

Reason:

The appellant made an application to amend his grounds
of appeal. Counsel for the respondent did not object to
the application.

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]

Date:

Tuesday, 11^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellants:

Mr. Jason Hamilton (for Clayton Laws)

Dr. Henry Browne, QC, with him, Mr. O’Grenville Browne
(for Ali Percival)

Mr. Hesketh Benjamin (for Jermaine Riley)

Ms. Marsha Henderson, with her, Mr. Vaughn Woodley (for
Jahmana Walters)

Respondent:

Mr. Vaughn Henderson, Crown Counsel

Issues:

Appeal against conviction and sentence – Kidnapping

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

Leave is granted to all of the appellants to file and
serve skeleton arguments together with authorities on
or before 14^th December 2016;

2.

Leave is granted to the Director of Public Prosecutions
to file and serve skeleton arguments together with
authorities on or before 13^th January 2017;

3.

Leave is granted to the appellants, if necessary, to
file and serve submissions in answer on or before 31 ^st January 2017;

4.

The hearing of this appeal is adjourned and traversed
to the next sitting of the Court of Appeal in the
Federation of Saint Christopher and Nevis during the
week commencing 13^th March 2017.

Reason:

Counsel for the appellants made an application for an
adjournment. There was no objection by the respondent.

Case Name:

Sylvester Merchant

v

The Director of Public Prosecutions

[SKBHCRAP2013/0014]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

Appearances:

Appellant:

Dr. Henry Browne, QC

Respondent:

Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against conviction and sentence – Unlawful
carnal knowledge

Type of Oral Result/Order Delivered:

Directions

Result / Order:

The Registrar is directed to ensure the completion of
the transcript in this matter and the matter is
adjourned to the next sitting of the Court of Appeal in
the Federation of Saint Christopher and Nevis during
the week commencing 13^th March 2017.

Reason:

The record of appeal had not been completed as yet.

Case Name:

Razba Matthew

v

The Director of Public Prosecutions

[SKBHCRAP2011/0021]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

Appearances:

Appellant:

Ms. Marsha Henderson, with her, Mr. Vaughn Woodley

Respondent:

Mr. Valston Graham, Director of Public Prosecutions,
with him, Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against conviction and sentence – Manslaughter

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

The appellant has leave to file amended grounds of
appeal on or before the 31^st October 2016
and file and serve submissions with authorities on or
before 30^th November 2016.

2.

The respondent has leave to file and serve submissions
with authorities in response on or before 28 ^th December 2016.

3.

The appellant has leave to file and serve submissions
in reply if necessary on or before 16^th
January 2017.

4.

The hearing of this appeal is adjourned to the next
sitting of the Court of Appeal in the Federation of
Saint Christopher and Nevis during the week commencing
the 13^th March 2017.

Reason:

Counsel for the appellant received her instructions
late.

Case Name:

Steadroy Scott

v

The Director of Public Prosecutions

[SKBHCRAP2012/0021]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

Appearances:

Appellant:

In person

Respondent:

Mr. Valston Graham, Director of Public Prosecutions,
with him, Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against sentence – Wounding with intent –
Whether 10 year sentence imposed by learned trial judge
was unfair and excessive

Type of Oral Result/Order Delivered:

N/A

Result / Order:

Matter stood down to Thursday, 13^th October
2016 at 2:00 p.m.

Reason:

The matter was stood down to allow the Director of
Public Prosecutions an opportunity to look at the
record of appeal and to be able to respond on the issue
of sentencing.

Case Name:

Carl Matthew

v

The Director of Public Prosecutions

[SKBHCRAP2013/0012]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

Appearances:

Appellant:

Ms. Natasha Grey

Respondent:

Mr. Teshaun Vasquez, Crown Counsel

Issues:

Appeal against conviction and sentence – Shooting with
intent to cause grievous bodily harm – Application by
appellant for leave to file submissions

Type of Oral Result/Order Delivered:

Oral judgment or decision

Result / Order:

1.

Leave is granted to the appellant to file and serve
submissions with authorities on or before 15 ^th November 2016.

2.

Leave is granted to the respondent to file and serve
submissions on or before 15^th December 2016.

3.

The appellant has leave to file and serve submissions
in reply if necessary on or before the 30^th
January 2017.

4.

The hearing of the appeal is adjourned to the next
sitting of the Court of Appeal in the Federation of St.
Christopher and Nevis during the week commencing 13
March 2017.

Reason:

Counsel for the appellant did not have sufficient time
to file her submissions after receiving the record.

Case Name:

Quincy Davis

v

The Director of Public Prosecutions

[SKBHCRAP2013/0005]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mr. Davidson K. Baptiste, Justice of Appeal

The Hon. Mr. Mario Michel, Justice of Appeal

The Hon. Mde. Gertel Thom, Justice of Appeal

Appearances:

Appellant:

Mr. Hesketh Benjamin

Respondent:

Mr. Esan Granderson, Crown Counsel

Issues:

Appeal against conviction and sentence – Unlawful
carnal knowledge – Application for adjournment

Type of Oral Result/Order Delivered:

Directions

Result / Order:

1.

The respondent shall serve a copy of his submissions
with authorities that was filed on 4^th
October 2016 on the appellant on or before 21 ^st October 2016.

2.

The appellant shall file and serve submissions with
authorities in response on or before 15^th
December 2016.

3.

The respondent has leave to file and serve submissions
with authorities in answer on or before 16^th
January 2017.

4.

Hearing of this appeal is adjourned to the next sitting
of the Court of Appeal in the Federation of Saint
Christopher and Nevis during the week commencing the 13 ^th March 2017.

Reason:

Counsel for the appellant received his instructions
late.

Case Name:

SK Nevis Resort LLC

v

Glenford Roberts

[SKBHCVAP2016/0002]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Ms. Nadia Chiesa, with her, Ms. Marline Uter

Respondent:

Mr. Glenford Hamilton, with him, Ms. Sharina Laws

Issues:

Interlocutory appeal against decision of learned judge
dismissing appellant’s application to set aside default
judgment entered for specified sum – Whether default
judgment irregular as claim was not for specified sum
and default judgment entered pursuant to rule
12.10(1)(a) of the Civil Procedure Rules 2000

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

1.

The appeal is allowed to the extent that the order of
the learned High Court judge in relation to the sum
awarded in the default of $80,000.00 is set aside, the
default judgment stands;

2.

The matter is remitted to the High Court for assessment
of damages to be paid to the respondent;

3.

Costs in the sum of $750.00 to the appellant.

Reason:

Counsel for the respondent conceded that there should
not have been a specified sum and the learned judge
erred in entering the judgment in default for a
specified sum.

Case Name:

Nancy Vasile

v

[1] Steven Englander

[2] Fern Englander

[SKBHCVAP2015/0023]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Ms. Keisha Spence

Respondents:

Mr. Dustin Delany

Issues:

Whether learned master erred in holding that New York
was convenient forum or clearly or distinctly a more
appropriate forum for hearing of matter

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

1.
The appeal is dismissed.

2.

Costs in the sum of $1,000.00 to the respondent.

Reason:

The learned master did not err in determining that New
York was the “centre of gravity” for the trial of
matter ( Spiliada Maritime Corporation v Cansulex Ltd
[1987] AC 460 applied;

SFC Swiss Forfaiting Company Ltd. v Swiss
Forfaiting Ltd

BVIHCMAP2015/0012 (delivered 4^th July 2016,
unreported) followed).

Case Name:

The Democrat Printing Company Limited

v

The Right Honourable Dr. Denzil Llewellyn Douglas

[SKBHCVAP2013/0026]

Date:

Wednesday, 12^th October 2016

Coram:

The Hon. Mde. Louise E. Blenman, Justice of Appeal

The Hon. Mr. Paul Webster, Justice of Appeal [Ag.]

The Hon. Mr. Humphrey Stollmeyer, Justice of Appeal
[Ag.]

Appearances:

Appellant:

Mr. Jonel Powell, with him, Ms. Kimloy Walker

Respondent:

Ms. Angelina Gracy Sookoo

Issues:

Whether learned master failed in her duty to examine
the gravity of defamation – Whether learned master
erred in holding that where a judgment in default is
given the defendant is deemed to admit the truth of the
allegations in the statement of claim – Whether quantum
of damages was excessive

Type of Oral Result/Order Delivered:

Oral Judgment or Decision

Result / Order:

1.

The appeal is dismissed and the judgment of the learned
trial judge who was then a master is affirmed in the
assessment of damages.

2.

Costs agreed in the sum of $2,500.00 for the
respondent.

3.

The counter notice of appeal is struck out since the
respondent no longer pursues this notice of
application.

Reason:

Once the default judgment was granted it was not open
to the learned master at the assessment to examine
whether the words complained of were defamatory. The
master accordingly did not err by not so doing.

In the circumstances of this case, at the assessment
hearing, where the appellant had put in no evidence
challenging the evidence of the respondent as it
related to the defamation, and with the respondent not
having been cross-examined to test the truth of the
evidence, it was open to the learned master to accept
the evidence as true.

The law is settled as to when an appellate court can
properly interfere with an award of damages. The review
function of the appellate court is to determine whether
the exercise of the trial judge’s discretion was
plainly wrong having regard to the matters to be
considered and the generous ambit to be accorded to the
judge (

Terrence Calix v Attorney General of Trinidad and
Tobago

[2013] UKPC 15 applied).

The master’s award can only be disturbed where it is an
entirely erroneous estimate of the damages that ought
to have been awarded to the person who was defamed –

Glen Lall & National Media and Publishing
Company Limited v Walter Ramsahoye

[2016] CCJ 18 (AJ) was persuasive. Nance v British Columbia Rly Co Ltd [1951] AC
601 applied.

The quantum of damages awarded by the learned master
was clearly within the ambit of her discretion and
cannot be said to be clearly wrong. The Court therefore
held that there was no basis for it to interfere with
the proper exercise of the learned master’s discretion.

Calvin v Attorney General of Trinidad and Tobago

applied.

Glen Lall & National Media and Publishing
Company Limited v Walter Ramsahoye

[2016] CCJ 18 (AJ) applied).