Warner v Joseph

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Bishop, J
• Judgment Date: 11 December 1978
• Neutral Citation: AG 1978 HC 45
• Docket Number: 65 of 1978
• Date: 11 December 1978

High Court

Bishop, J.

65 of 1978

Warner

and

Joseph

John E. Fuller for the plaintiff.

Gerald A. Watt for the defendant.

Damages - Unlawful assault and battery — Quantum.

Bishop, J

1 Paget Warner has claimed damages from Leroy Joseph for unlawful assault and battery, which he has alleged was committed on the 14 ^th October 19787. He has claimed special damages of $378.50 and general damages. His claim was filed on 7 ^th June this year and on 29 ^th September a defence and counterclaim was filed on behalf of Leroy Joseph, in which he alleged that Warner unlawfully attacked him and he acted in self defence.

2 I heard the evidence of each of them and Leroy Joseph called Foster Francis as a witness.

3 Learned counsel appearing in the case declined addressing the Court on the ground that the matter was a simple question of fact and they did not think they could usefully assist beyond what the Court had already heard.

4 I do not propose to dwell in any detail upon the evidence of the parties or of the witness. It will suffice to say that there was consensus that Warner and Joseph were involved in a fight on the 14 ^th October 1977; and from my analysis of the three accounts I am satisfied that Joseph did not act in self defence as he has alleged in his pleading or indeed in any other manner.

5 I am satisfied that the following facts probably represent the truth of the matter.

6 Foster Francis and Paget Warner were arguing on the afternoon of the 14 ^th October 1977 while at work at Bryson's Bottling Plant. Leroy Joseph went on the scene of the argument and he advised Foster Francis to push Warner away. This led to the altercation which developed between Warner and Joseph, and in which each threw a bottle at the other. I believe Warner that neither was hit by the bottle and that they then held on before being parted. As if that were not enough Leroy Joseph kept taunting Paget Warner and eventually he held on to Warner, threw him to the ground and jumped on him. Warner bawled out that Joseph had broken his hand because he felt his right elbow hurting. To use Warner's language AI felt y right hand come stiff. My elbow. I feel a train pulling…. My hand felt bad”. When he bawled out Joseph got up and stood over Warner watching him — no doubt to ensure that Warner was not trying a trick.

7 As a result of what occurred to the elbow, Warner was taken to the doctor and thence to the Holberton Hospital...