Calixtus Clifford Claimant v Francis Claxton Defendant [ECSC]

• Jurisdiction: Caribbean States
• Judge: Mason J
• Judgment Date: 26 September 2008
• Judgment citation (vLex): [2008] ECSC J0926-6
• Docket Number: Claim No. SLUHCV 2006/0088
• Court: Eastern Caribbean Supreme Court
• Date: 26 September 2008

[2008] ECSC J0926-6

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CIVIL)

Claim No. SLUHCV 2006/0088

Between:

Calixtus Clifford

Claimant

and

Francis Claxton

Defendant

Mason J

1 What I find important to note is that none of the players in this case can lay legal claim to the land over which they were squabbling. They are all squatters on Crown Lands.

2 From the evidence I find that the Defendant's witness who also happens to be the Claimant's sister, Catherine Hippolyte, had planted some pillars some time before the claimant built his farine hut. The Claimant's hut was however completed beforeCatherine's house which the Defendant was occupying at the time of the incident together with one of the Claimant's nieces.

3 The relationship between the Claimant and his sisters was not very good. In fact they both gave evidence for the Defendant.

4 The facts as I find them are that on the morning of 18^th May 2003 the Claimant started digging holes for the purpose of erecting a barrier between the two houses. He had in his possession some sticks for the fence as well as a crowbar and a cutlass.

5 It is the evidence of the Defendant himself that I find telling. I quote here from his witness statement:-

• (2) That on 18^th May 2003 at approximately 2:00 p.m. I was at home cleaning and flattening the surface in front of my house I saw the Claimant carrying some sticks into a frame hut nearby. After making about three trips he returned with a cutlass and a crowbar .

• (3) That the Claimant had previously dug a drain next to my house. The drain in my opinion was too close to my home so I blocked it. The Claimant came next to my house and started digging holes where the drain used to be. I asked him to stop digging the holes but he didn't stop. I came towards him and asked him to stop digging the holes. I was very close to him and as a result he was unable to dig the holes. He gave me a chuck. I still insisted that he wasn't digging anymore holes .

• (4) The Claimant gave me a lash with the crowbar on my left arm. I then pushed him. He rushed towards me. I had a cutlass in my hand so I blocked him with it. The cutlass cut him on his arm as a result. The Claimant still gave me a chuck so I pushed him again. He rushed towards me a second time so I did the same thing. He had a cutlass in his hand all the time .

• (5) The Claimant then went to get a stick. The stick was very long. He rushed towards me, pricked me two places on my left arm and he also lashed me with the stick on my head. The Claimant then lashed me with the cutlass on my left arm. My left arm was covered with blood. The Claimant rushed at me with the cutlass again. I raised my cutlass but the Claimant's hand was in the way and I accidentally cut him thereon. All of this happened in front of my house .

• (6) The Claimant's sister, Florita arrived and asked him what was going on. He lashed her with the stick on her head. His cutlass fell to the ground but he was unable to pick it up because I ran after him .

• (7) The Claimant's brothers arrived, Solomon and Francis and there was also a Rasta man. The Rasta man held the Claimant and left with him but Solomon and Francis stayed back and started pelting stones at me. Francis hit me on my left leg with a stone .

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