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In a recent case, the High Court of Justice in Antigua and Barbuda heard from Javonson Willock as the Applicant, Chief of Defence Staff of the Antigua and Barbuda Defence Force, and Attorney General as Respondents in the Eastern Caribbean Supreme Court.
Rose Ann Kim represented the Respondents, while the Applicant presented his case in person.
Lt. Colonel Alando Michael represented the Respondents. On December 14th, 2023, the Honourable Justice Jan Drysdale presided over the case in chambers. The issue at hand concerns the potential unilateral variation of the Applicant’s commission by the Respondents.
The court issued a draft order based on the arguments presented, outlining specific directives for both parties.
The court order, dated December 14th, 2023, includes various key provisions.
These are: the Respondents are prohibited from unilaterally varying the Applicant’s commission or causing it to be changed from an indefinite period to a specified duration until the substantive claim for an administrative order is determined.
The Respondents are also prevented from instructing or causing the Applicant to surrender his commission instrument, appointing him as Captain with effect from February 1st, 2015, or any other instrument related to his indefinite commission until the determination of the substantive claim.
Additionally, the Respondents are restrained from taking any further action against the Applicant regarding any variation of his indefinite commission until the substantive claim is resolved.
The Applicant is required to file and serve a Fixed Date Claim with an affidavit in support for an administrative order in compliance with CPR 56.3 within 14 days from the date of the court order.
The Respondents are mandated to file and serve an affidavit in response within 28 days of receiving the Fixed Date Claim.
The matter is set for the first hearing on March 12th, 2024. The Respondents shall have the carriage of this order.
This injunction represents a significant development in the ongoing dispute between Javonson Willock and the Respondents, setting the stage for further legal proceedings to determine the fate of the Applicant’s commission.
Attorney Wendel Alexander said, “I will fight to the bitter end…if they want to bring the war tell them bring it on,” Alexander said