ECSC rejects stay but grants extension in Blair Court case

Blair Court Villas
Blair Court Property Villas owned 

The Eastern Caribbean Supreme Court (ECSC) has denied an application for a stay of the order of Justice Errol Thomas in a matter of trespass between Blaircourt Property Development Ltd owned by Renneth Alexis and Atherton Martin, Dr. Clayton Shillingford, Severin McKenize, and Joan Etienne.

Justice Thomas ruled that Martin, McKenzie and Etienne each must pay Alexis $1,500 “by way of damages for trespass since they entered at least one villa.”  Dr. Shillingford and Frederick Baron must pay $1,000.00 each to the claimant, the Judge ruled.

Additionally, Thomas ruled that each claimant must pay $5,000 in exemplary damages.

Martin et al filed an appeal 48 days out of time and needed the court’s permission to proceed but by order of a single Judge, that was denied – hence the appeal.

But after listening to the comments of the Judges, lawyer for the parties, Cara Shillingford, withdrew the appeal for the stay and proceeded with the appeal on the extension of time.

She told the court that her clients have “a very good chance of success of winning the appeal” and urged them to so grant the extension. The delay, she said, is not “inordinate” and will in no way affect the respondents. She said her case will center on the exemplary damages which were awarded with no reasons given by the trial judge.

But in response, attorney for Blair Court Property Development Ltd, Heather Felix Evans, asked the court to deny the extension of time saying that they were seeking to gain “political advantage” when they trespassed on the property of the respondents.

In handing down its decision, which was delivered by Justice of Appeal Anthony Webster QC, the court ordered that 1. The application for leave is refused; 2. Application for an extension of time which was refused by a single Judge on May 28th, 2015 is granted; 3.The order of the single Judge is set aside; 4. The appellants have 21 days from the date of this decision to file and 5. Cost of EC$1,500 for both applications to be met by the appellants.

Cara Shillingford, lawyer for the appellants, said “I am very satisfied with the decision….there are clearly merits in the appeal which had errors and which will now be considered by the Court of Appeal.”

Meantime lawyer for the respondents, Heather Felix Evans, said the “substantive matter has to be heard at the court of appeal at some point”. She said she is happy that the “stay” which was requested by the appellants was not granted.

“She had requested a stay of the proceedings so that they do not pay the judgment debt until the appeal but she withdrew it and in any case, like they said, if she had proceeded they would not have granted the stay. It means now that they have to pay it…if at the court of appeal the decision is over turned, then the claimant will have to repay the money,” she said.

She explained that once a court grants an order it has to be obeyed until over turned by a higher court.

She said her party has also filed for judgment summons and may examine if they have grounds for cross appeals.

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10 Comments

  1. Dr Clayton Shillingford
    November 12, 2015

    I have no intention of paying to Renneth Alexis a single cent

  2. Negre Noir
    November 11, 2015

    You guys must take it easy on “Bubbles.” After years of selling crab and saving his money, the man amassed villas and now this latest slate of properties. :-P :-P :-P :-P :-P :-P :-P :-P :-P :-P :-P :-P

  3. November 11, 2015

    Me papa that is why you cyan find me in any church. How can people sit down and listen to people like bu bles,BJ,Sinclaire Mitchelle , father Thomas etc.
    One thing I know for sure money is god number 1 and on Sunday or Saturday whatever other god there is use him to collect the little that the people hot for themselves.

  4. November 10, 2015

    yes sirree. for you to find good and honest me n and women today you need to have a torch in the middle of the day to search for them.

  5. Not Me Alone
    November 10, 2015

    Dominica is in far more trouble than what we think. The sad thing about it is, those we should be turning to for help are part of the problem. I mean it hurts me to hear Renneth Alexis lie like that in public. Bobbles you damn lie boy and you ought to denounce that lie because you know the property is not yours!

    I mean when church people who serve communion and at times preach, can make such a blatant lie, what do you expect from the rest of us? Not only that, but there is not one pastor in Portsmouth or the north that does not know bobbles is not the owner of the property.

    Furthermore Bobbles, how do you expect the rightful owner of Blaircourt, who by the way is a politician from the north, think of your faith? How can you tell people like reggie and Ian that they need Christ? They know the truth, don’t you think?

    Furthermore Bobbles, do you know a pastor from the north, who is the spouse of a magistrate? Are they from the possie area? Are they familiar with the situation?…

  6. FORKIT
    November 10, 2015

    rennet alexis crab seller with assets in excess of hmmmmmmmmmmmmmmmmmm… renneth as your cousin we all know you are lying. but nthe truth will be revealed.

  7. Cannot trust Ananias and Sapphira
    November 10, 2015

    Blaircourt Property Development Ltd owned by Renneth Alexis …

    I want to go on record saying that Renneth Alexis aka bobbles, is NOT the owner of Blaircourt property. That’s the thing about corruption I hate because it contaminates even good, faithful, Christians. Mr. Alexis, can you honestly go to God in prayer and tell him that it is your property? Bobbles, everyone around you, your friends, those who worked on the property and professors who rent, know it is the property of the PM.

    I never thought I would live to see the day when Christians would lie so blatantly and conspire to mislead the court and the people of Dominica, just to protect the interest of a corrupt leader.

    Bobbles I challenge you to show your will of your estate and if the property in questioned is willed to your family, I will pay you a million dollars.

    By this lie, you have told the sinner that Christians are liars just like them and that you ought to be ashamed of and if any conscience, u need 2…

    • Me
      November 11, 2015

      I agree and I would urge the appellants to demand that Renneth Alexis shows irrefutable proof of ownwership to the court. You cannot be sued for trespass if the claimant is not the legal-m and ultimate owner of that property.

    • Dominican
      November 11, 2015

      You are wasting your time here when people are in court with money to pay. GO TO THE COURT! Give your evidence and free up the people who are charges stop belching on DNO when you have nothing to help Athie and Company. That’s how you all are in DA just belching on DNO but when the crunch time come you under bed hiding and Lennox et al having to pay money in court.

    • capt jack sparrow
      November 11, 2015

      the bible said ,men will sell their souls for a few pieces of silver!!

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