Joan Lake Defendant/Appellant v Rose Clare Murray by Her Next Friend Cahona McCoy Plaintiff/Respondent Louisa Bright Defendant/Appellant v Rose Clare Murray by Her Next Friend Cahona McCoy Plaintiff/Respondent Joan Lake Plaintiff/Appellant v Rose Clare Murray Defendant/Respondent Louisa Bright Plaintiff / Appellantant v Rose Clare Murray Defendant/Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeLewis, G.J., Chief Justice
Judgment Date19 Feb 1970
Neutral Citation[1970] ECSC J0219-1
Docket NumberCivil Appeal Mag. No. 2 of 1969
[1970] ECSC J0219-1

IN THE COURT OF APPEAL

(On appeal from the Magistrate's Court)

Before:

The Hon. The Chief Justice

The Hon. Mr. Justice Gordon

The Hon. Mr. Justice St. Bernard (Acting)

Civil Appeal Mag. No. 2 of 1969

Between:
Joan Lake
Defendant/Appellant
and
Rose Clare Murray by Her Next Friend Cahona McCoy
Plaintiff/Respondent
Between:
Louisa Bright
Defendant/Appellant
and
Rose Clare Murray by Her Next Friend Cahona McCoy
Plaintiff/Respondent
Between:
Joan Lake
Plaintiff/Appellant
and
Rose Clare Murray
Defendant/Respondent
Between:
Louisa Bright
Plaintiff / Appellantant
and
Rose Clare Murray
Defendant/Respondent

F. M. Lake for the Appellants

F. A. Clarke for the Respondent

1

Judgment.

Lewis, G.J.
2

On 5th January, 1969, there was a brawl at Ebenezer Village in which all the parties to these appeals were involved. It developed out of a dispute between Rose Clare Murray and Bright's grandchild, Arindella Joseph,in which Murray had struck Joseph and Joseph had run and made a report to her grandmother.

3

As a result of this brawl, Louisa Bright brought a case against Murray, Joan Lake also brought a case against Murray and Murray brought a case against Joan Lake, Louisa Bright and Arindella Joseph.

4

Evidence was given by all concerned, and by Cahona McCoy and Cavell Simon, witnesses called by Rose Clare Murray.

5

There was, as is usual in these cases, some conflict of evidence and the learned magistrate had to pick his way through the conflict and come to a decision. The case rested entirely upon credibility.

6

The Magistrate found that Lake had been struck by a bottle thrown by Murray and awarded her $15.00 damages.

7

He found that both Lake and Bright had assaulted Murray. In the case in which they were joined along with Joseph he awarded Murray $16.00 damages, and he dismissed Bright's case against Murray.

8

Bright and Murray now appeal against these judgments.

9

The Court has heard the four appeals together as they really arise out of one transaction and as the cases were heard together.

10

Two grounds of appeal have been argued. One is that the learned magistrate was wrong in finding the evidence of Rose Clare Murray to be generally more acceptable than that of Bright and Lake. In particular, with respect to the question whether or not Murray assaulted Bright or Brightassaulted Murray, it is said that he should have accepted Bright's evidence that Murray assaulted her and rejected...

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