Jerome Williams Appellant v Francis Harry Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeCECIL LEWIS. J.A, LEWIS. C.J., GORDON. J.A., Chief Justice
Judgment Date15 Dec 1970
Neutral Citation[1970] ECSC J1215-2
Docket NumberMagistrate's Civil Appeal No. 6 of 1970
[1970] ECSC J1215-2

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice Gordon

The Honourable Mr. Justice P. Cecil Lewis

Magistrate's Civil Appeal No. 6 of 1970

Between:
Jerome Williams
Appellant
and
Francis Harry
Respondent
Appearances in person.
CECIL LEWIS. J.A
.
1

This is an appeal by the appellant against the dismissal of his claim for damages for stock trespass which was heard by the magistrate sitting in Kingstown on the 24th day of July, 1970. In his plaint the appellant claimed the sum of $39.50 for damage to his corn, peas and ochroes allegedly committed by the respondent's sheep. The magistral' holding that the action was brought under the Stock Trespass Ordinance Cap. 46, dismissed the appellant's claim on the following grounds:-

  • (a) "The appraisement (if made) was not in accordance with section 8 (l) (b) of Cap. 46.

  • (b) No signed writing of the appraisement was deposited with the magistrate as required by section 9 ( 2) and (3) of Cap. 46, and

  • (c) The plaintiff did not follow the procedure as set out in section 17 of Cap. 46."

2

The magistrate misdirected himself in holding that the action was brought under the Stock Trespass Ordinance. This is not so. It was a claim at common law for damage by animals to which the ordinance did not apply. Moreover, he has made no finding as to the facts of the case. In the circumstances, it is quite clear that this claim has to go back to be re-tried. I would accordingly allow the appealand order that the claim be remitted for re-trial before another magistrate.

3

The appellant willl have the costs of this appeal which have been fixed at $2.45.

4

(P. Cecil Lewis)

Justice of Appeal
LEWIS. C.J.
5

I agree.

6

(Allen Lewis)

Chief Justice GORDON. J.A.
7

I agree.

8

(K. L. Gordon)

Justice of Appeal

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