Roy Poyer Appellant v Louise Chance Respondent [ECSC]

CourtEastern Caribbean Supreme Court
Docket NumberMagistrate's Civil Appeal No. 8 of 1970
JudgeLEWIS, C.J., Chief Justice
Judgment Date15 Dec 1970
JurisdictionCaribbean States
Neutral Citation[1970] ECSC J1215-1
[1970] ECSC J1215-1

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. 8 of 1970

Between:
Roy Poyer
Appellant
and
Louise Chance
Respondent

Appellant in person

Respondent in person

1

The judgment of the Court was delivered by - LEWIS, C.J.

LEWIS, C.J.
2

In this case there were two informations under the Maintenance Ordinance. They both related to children alleged to have been born more than 12 months before the informations were laid.

3

The magistrate sat and heard the two informations together, which he had no authority to do because they do not relate to the same fact. It may be possible, although it woul be inadvisable, to hear two informations relating to twins together but not two informations relating to births of children of differing ages. So the trial was a nullity. At the end of it the magistrate made one order in respect of the two informations so the order is also a nullity.

4

Furthermore, the Court has read the evidence and is quite clearly of the opinion that there was no corroboration of the testimony of the woman so there is nothing at all to support these orders. The orders must therefore be set aside,,

5

The appeal is allowed.

6

(Allen Lewis)

Chief Justice

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