Luke v Williams et Al

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Bishop, J.
• Judgment Date: 29 May 1980
• Neutral Citation: AG 1980 HC 18
• Docket Number: 42 of 1978
• Date: 29 May 1980

High Court

Bishop, J.

42 of 1978

Luke

and

Williams et al

Appearances:

Gerald A. Watt for plaintiff.

Franklyn A. Clarke for defendants.

Damages - Trespass — Plaintiff sought damages for trespass to her house and property by defendants — Acts of entering on premise and of throwing stones were unlawful and plaintiff entitled to damages for trespass and compensation for loss actually suffered — General damages assessed at $2,000.00 — Costs to plaintiff.

Bishop, J.

1 On the 17th February, 1978, Perlina Luke of Bendals, through her solicitor, filed a writ of summons in which she sought damages for trespass to her house and property at the village of Bendals, from Hyacinth Williams, Gwendolyn Merchant, Roma Merchant, Aloma Joseph, Margaret Williams and Geraldine Williams. She claimed:

“On the 26th day of March, 1976, the defendants standing in the road outside of the plaintiff's house, and also entering on the plaintiff's premises, unlawfully threw several stones at the plaintiff's house over a sustained period of time which said stones damaged the house, furniture, and articles all of which were owned by the plaintiff.”

2 On the 23rd June, 1978, the solicitor for the defendants filed a defence and counterclaim. The defence read: “The defendants deny that they trespassed upon the plaintiff's property at Bendals on the 26th March 1976 or that they did any of the acts complained of in…… the statement of claim.

2

No admission is made as to the alleged or any loss or damage.”

3 The counterclaim was filed on behalf of Gwendolyn Merchant alone, and she alleged that on the same date, Perlina Luke trespassed upon her house and premises at Bendals, by throwing stones and other missiles thereon whereby she suffered loss and damage.

4 Almost six months later — on 5th December, 1978 — the solicitor for the plaintiff filed a reply and defence to counterclaim. The reply joined issue with the defence and the defence to the counterclaim was a denial similarly expressed to that quoted above.

5 It was important, in my view, to appreciate that the various versions of the incidents of which Perlina Luke and Gwendolyn Merchant complained were given to the court more than 3 years after they took place. I was also struck by the fact that each of the defendants who testified said that she was nowhere near Perlina Luke's house as she and her witnesses claimed; and then Perlina Luke testified to the effect that she was never at Gwendolyn Merchant's house as Gwendolyn Merchant would have the court believe.

6 Perlina Luke gave evidence and called eye witnesses Estella Williams and Mona Phillip. She also called Yvon Joseph, a salesman of stereo equipment, to support her claim in respect of two items of special damage. Although there was evidence that repairs to the house were done by Steveroy Henry, a carpenter, the court did not have the benefit of sworn testimony from him. Nor was Joseph Wynter called to support her assertion that he assisted with items purchased at Dews. Two documents were produced as exhibits. A bill dated 1st April, 1976 which purported to show that the cost of the stereo set received by Perlina Luke on 1st September 1975 was $1,095.00. That document was clearly written after the incident on 26th March ‘76, and it carried little, if any, evidential value. The plaintiff could not really claim or expect to be compensated in the amount of $1,095.00 when she said that she only replaced a turn table at a cost of $250.00 and repaired an amplifier at a cost of $150.00. The second document, dated 20th April 1976 appeared to be a receipt written by an upholsterer. I t showed that $95.00 was received for “fixing one large sofa chair with leatherett and workmanship”. This court did not have the benefit of evidence from the upholsterer and while it may be true that he worked on the sofa and received $95.00 therefor, in the light of the evidence of Corporal Merchant who saw the sofa on the afternoon of 26th March, 1976, the court was left without cogent evidence linking the work done on the sofa with the incident involving the defendants.

7 Gwendolyn Merchant gave evidence in defence of the claim of Perlina Luke and in support of her own claim. Apart for Hyacinth Williams each of the other defendants testified in defence of the allegations of Perlina Luke. Thomas Pelle, a carpenter whom Gwendolyn Merchant alleged had repaired her house after it was damaged by Luke, was not called as a witness; so that the court was denied the benefit of his expert and independent opinion as to the probable cause of the damage that he repaired — an opinion which in the light of the defence, would have been valuable. A document dated 2nd April 1976 which seemed to be a receipt signed by one Thomas Pelle, for work, done was produced as an exhibit; but again there was no cogent evidence linking these repairs or work done with the incident.

8 No useful purpose will be served by my dealing here in detail with the testimony of each of the persons who testified. As I said earlier, expect for Hyacinth Williams, who did not give evidence each defendant said, in effect, Perlina Luke and here eye witnesses have lied on me because I was not there, I was elsewhere. In each case the defendant said where she was at the material time. So too Perlina Luke said in effect Gwendolyn Merchant has lied on me because I never went to her house that afternoon. Perhaps I might recall here that Gwendolyn Merchant urged, by her evidence, that Perlina Luke did the damage to her own house and its contents (after damaging Merchant's house) so that she could reap further revenge.

9 After considering all of the evidence I believe that the following account probably represents the truth of this case. On the morning of the 26th March, 1976, Perlina Luke and Gwendolyn Merchant were opposing litigants in a case at the Magistrates Court in St. John. When the hearing ended around 10:00 a.m. Perlina Luke left the court. She was followed by Gwendolyn Merchant who renewed the feud outside.

10 Each then assaulted the other before they were parted and taken back to court....