Stuart v Bachelor et Al

• 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 12
• Docket Number: Civil Appeal No. 5 of 1967
• Date: 20 December 1967

High Court (Appellate Division)

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

Civil Appeal No. 5 of 1967

Stuart

and

Bachelor et al

Practice and procedure - Magistrate's Court — Award of special damages.

Facts: The issue was whether the magistrate erred in awarding special damage. Evidence revealed that the special damages alleged to the trial were not pleaded in the writ originally or by amendment.

Held: Special damages must be alleged with sufficient particularities to inform the defendant of the nature and extent of the loss sustained. Appeal allowed.

Louisy, J.A.

1 Two notices of appeal in respect of Civil Crises No. 58/1966 (Cynthia Stuart by her next fried Ashton Willock v. Petronella Bachelor and Catherine Bachelor) and No. 1/1967 ( Petronella Bachelor v. Cynthia. Stuart) and one Recognisance were filed in respect of this matter.

2 At the outset it was pointed out to counsel for the appellant that it would be necessary for him to elect in respect of which suit the recognisance was filed and counsel elected suit No. 1/1967 abandoning his appeal in suit No. 58/1966 in respect of which costs were accordingly awarded the respondent...