Court Declines Petitioners’ Injunction, And Moves To Set Timelines To Hear Petition



14th February 2023

The Elections Court today ruled on a preliminary matter.  An injunction application was filed by the Petitioner seeking to prevent Simon from taking the Oath in Parliament pending the full hearing and determination of the Election Petition.

The Petitioner filed a Petition and subsequent Application for an Injunctive Order to prevent Simon from taking the oath on the basis that he was ineligible on the 28th day of December to be nominated and subsequently to be elected to office as he was in breach of Section 10(1) of the Civil Service Act and Section 39(1)(g) of the Constitution Order of Antigua and Barbuda.

Upon refusing the injunctive application, the Court then proceeded to give directions for the hearing of the substantive matter, with the next date for court Appearance being the 24th of April 2023, when Counsel for both sides will appear before the Court to set a date for the substantive hearing of the matter.

The Petitioner, Mr Casworth Aaron, is represented by Mr Hugh Marshall Jr and Mrs Andrea Smithen-Henry, both of Marshall Co.; Mr Kelvin “Shugy” Simon, is represented by Mr Kendrickson Kentish of Lake and Kentish, Mr Harold Lovell, Mr Charlesworth Tabor, Mr Chaku Symister, and Ms Sherri-Ann Bradshaw.

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  1. So Parliament can move forward with handling the electorate’s business and contributing to moving our twin island state forward.

  2. What the Court ruled on is the injunction to keep him from swearing in but the substantive case would be heard on the 23rd of April so the case is not over

    • Avatar photo I would rather an honest, dunce leader than one who 'creatively' steals and defraud the country of it's resources and lands

      you sound real bitter bro

    • Just another waste of tax payers money when people cannot get paid on time!!…. the people has spoken! Get going Samantha your time has expired. @ Joanne Massiah don’t talk so soon…. by-elections in the air… and yes #karma!!….

  3. Observer’s news item was so misleading, because they jolly well knew that today’s ruling was only applicable to the injunction. Reading the story one would think that the ruling was for the entire case. See you in court on April 24th Shuggy!

    • I’m starting to take a different view here and wondering how the hell the Marshalls get on your side of this case. I don’t want to be too tough on Daddy Hugh, I know he’s old and retired. I don’t know his current mental state. I remembered his voice very well on working class issues.
      Ironically, Samantha and her Bro ride the backs of the working class folks their dad represented into Law School. The Hugh Marshall Sr. I listened to would have no problems telling Samantha to give up on any lawsuit seeking to overthrow the will of the people. The Hugh Marshall Sr I listened to would have no problem telling his son he don’t need the monies of anyone seeking to overthrow the will of the people of St. Marys South. Surely kids have a mind of their own, but grassroot principles will remain grassroot principles. That’s the issue here.

  4. Avatar photo I would rather an honest, dunce leader than one who 'creatively' steals and defraud the country of it's resources and lands

    you sound bitter bro…….are you related to Joanne and the DNA? lol

  5. Can someone enlighten me as to what grounds did the court decline the petition. Now if the substantive case is won by the petitioner, what would be next. The case is interesting. There seems to be alot to learn

  6. ALP and at worst,Gaston Brown have this insatiable obsession with power because they are masters at the art of abusing it to enrich themselves. Make no mistake, this chronic sickness dates back to V. C Bird Sr. As frivolous and counterproductive as this case is, they have no regards for the blatant misuse of public finds because it does not affect them personally. Any sensible minded individual can see this for what it is, except you Labourites. It is s++t, plane and simple, but then, this is nourishment for the Labourites.

    • Well said @Watching, this past “chronic sickness” as you put it so succinctly, is the real reason why Antiguans have for so long put up with political wickedness (must be a generation now. Wow!), simply because we have NEVER known what good governance Is all about.



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