Derrick Ltd.v Camacho

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Louisy J.
• Judgment Date: 01 March 1971
• Neutral Citation: AG 1971 HC 1
• Docket Number: No. 129 of 1969
• Date: 01 March 1971

High Court

Louisy, J.

No. 129 of 1969

Derrick Ltd.

and

Camacho

Appearances:

Kendall for the plaintiff

Francis for the defendant

Contract - Debt — Whether the defendant was indebted to the plaintiff.

Facts: Evidence revealed that the plaintiff proved the defendant's indebtedness. According to O.21 r.1 of the R.S.C. the onus rested on the defendant to show that there were no outstanding debts.

Held: The defendant had not discharged the onus and therefore judgment would be entered for the plaintiff.

Louisy J.

1 The plaintiff's claim is for the sum of $894.78, balance of an account for services rendered and work done and materials supplied by the plaintiff as refrigeration and electrical contractors at the defendant's request during the period January, 1964 - March, 1966.

2 Cora Derrick is a director of the Plaintiff Company and is Manageress of the plaintiff company and knows the plaintiff had dealings with the defendant from June, 1964 - March, 1966. She is in charge of the accounts and is assisted by a clerk. She gave details of the different transactions between, the plaintiff and the defendant and hey two sons. Bills were rendered by the plaintiff to the defendant by Cory Derrick and she stated that she was not always in a position to pay all the bills but would pay on account. The last bill the plaintiff sent to the defendant was in April, 1966 for the sum of $10.50. The witness states that she also sent monthly statements to the defendant. The last one sent was in December, 1966, on that occasion she said she was not paying the bill as Charles Derrick is dead. Charles Derrick was a former Managing Director of the plaintiff company. Some job cards in support of the plaintiff's claim and also the account were tendered in evidence by consent and marked Exhibit I. The defendant in her defence pleaded as follows;-

3 The defendant denies that she is indebted to the plaintiff in the sure claimed, or in any other sum or at all.

4 I will at a later stage in this judgment say something about the defence. In the evidence the defendant states that she was sued personally but she does not owe that sum or any other sum. She states that she knew Charles Derrick. he did electrical work for her from time to time, that at the date of his death she owed him no money. (Charles Derrick died in February, 1966). That she made arrangements with Charles Derrick personally, that she had an account with the Plaintiff Company, that a...