Anthony v Samuel

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Louisy, J.A.
• Judgment Date: 20 December 1967
• Neutral Citation: AG 1967 CA 11
• Docket Number: Civil Appeal No. 7 of 1967
• Date: 20 December 1967

High Court (Appellate Division)

Louisy J.A., Berridge, J.A.,

Civil Appeal No. 7 of 1967

Anthony

and

Samuel

Appearances:

Miss F.M. Lake, Acting Legal Assistant, for the Crown.

The appellant was unrepresented and did not appear.

Practice and procedure - Particulars — Right to amend during trial — Order 28, Rule 1.

Facts: The issue was whether the judge erred in not allowing the appellant to amend particulars in relation to a claim for damages. Evidence revealed that the plaintiff/appellant's application to amend the particulars of his claim for special damages was refused.

Held: According to O. 28 rule 1 the courts should allow an amendment of an endorsement at time during the trial so long as it would not do an injustice to the other party. The magistrate should have granted the application. Appeal allowed.

Louisy, J.A.

1 This is an appeal from the learned Additional Magistrate District “B” dated the 25th October, 1967, in which judgment was given for the plaintiff/appellant in the sum of $16.00 for an assault and battery committed on him by the defendant/respondent.

2 At the trial the only ground argued by learned counsel for the appellant was that the learned magistrate's decision was erroneous in...