Attorney General v St. Kitts — Nevis Trades and Labour Union

• Jurisdiction: Saint Kitts and Nevis
• Judge: Berridge, J.A.
• Judgment Date: 11 March 1981
• Neutral Citation: KN 1981 CA 1
• Docket Number: No. 1 of 1980.
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 11 March 1981

Court of Appeal

Peterkin, C.J. Berridge, J. Robotham, J. (Ag.)

No. 1 of 1980.

Attorney General

and

St. Kitts — Nevis Trades and Labour Union

Appearances:

D. Byron, T. Byron and Miss Mitcham for appellant.

L. Moore and F. Bryant for respondent.

Administrative law - Permission for use of park — Whether valid permission had been granted to the respondent union by the Park Committee to use the park on an appointed day. Whether the Minister could revoke such permission. Court examined the park regulations and held that the rules were merely directory and that failure to convene a meeting in order to consider the respondent's application for the use of the park did not invalidate the permission given to it — That the letter from the secretary of the park constituted a valid permission for use of the park to the exclusion of any other person or body.

Berridge, J.A.

1 This is an appeal against the judgment of Mitchell, J. dated the 2nd May, 1980, in which he ordered that judgment be entered for the plaintiff for

• (i) a Declaration that the St. Kitts Nevis Trades and Labour Union is entitled to use Warner Park on Monday the 5th day of May, 1980, from 9.00 a.m. to 6.30 p.m. and that no other person or body of persons is entitled to use Warner Park during that time;

• (ii) a Declaration that the prohibition contained in the letter dated the 17th day of April, 1980, from the Permanent Secretary in the Ministry of Agriculture, Lands, Housing and Labour to the General Secretary of the St. Kitts-Nevis Trades and Labour Union is of no effect. Costs to be taxed and certified fit for two counsels.

2 The proceedings in this matter resulted from an application by the St. Kitts Nevis Trades and Labour Union (hereinafter sometimes referred to as “the Union”) dated the 13th March, 1980, to the Secretary, Warner Park Committee, for permission to use Warner Park (hereinafter sometimes referred to as “the Park”) on the 5th May, 1980 for the purpose of holding that Union's Labour celebrations.

3 By letter dated the 14th March, 1980, the Secretary, Warner Park Committee, replied stating that permission had been granted as requested.

4 In the meantime the Permanent Secretary, Ministry of Lands etc. by letter dated the 11th April, 1980, purported to revoke the appointments of the Secretary and members of the Warner Park Committee with effect from the 1st March, 1980. At the hearing, however, learned counsel for the appellant quite properly conceded that this act was invalid.

5 On the 17th April, 1980, the Permanent Secretary, Ministry of Lands etc. addressed a letter to the Secretary of the Union in which he referred to an advertisement relating to the Union's activities scheduled to be held at the Park on the 5th May, 1980, and informed him that his Ministry had full responsibility for the Park until a Committee was appointed; the Permanent Secretary further stated that another organization had applied to his Ministry and was granted permission to use the said Park on the said day and that it would not be possible for his organization to use the same facility on that day.

6 On the 18th April, 1980, the Secretary of the Union replied to the letter of the 17th April, 1980, stating that it was his understanding that, on the 14th March, 1980, there was in existence a Warner Park Committee with full power to grant the permission sought and he requested that the Ministry honoured the commitment made by the Committee. On the following day the Permanent Secretary replied reiterating what he had said in his letter of the 17th April, 1980. The Union then filed an originating summons on the 24th April, 1980, seeking and obtaining the declarations mentioned above.

7 In reply to a written request dated 29th April, 1980, the Permanent Secretary, Ministry of Lands etc., the Secretary, Warner Park Committee, dispatched the following letter which is the crux of the matter before the court:

“Newstead Building,

Church Street,

Basseterre,

St. Kitts.

Your Ref. ALHL/M/W/002

30th April, 1980

Permanent Secretary,

Ministry of Agriculture, Lands, Housing and Labour,

Government Headquarters,

Basseterre.

For the Attention of H.A. Rawlins

Sir,

I have the honour to refer to your letter of the 29th April, 1980 in which you requested that the minutes of the Warner Park Committee or a certified copy of the minutes in which the decision was taken to grant to the Kitts-Nevis Trades and Labour Union the use of Warner Park on the 5th May, 1980.

It has never been a custom to convene a meeting to take a decision for the hire of Warner Park to any individual or organisation. All that has to happen over the years as far back as 1958 when Major H.C. Dinzey was the Chairman of the Committee, letters to the Honorary Secretary are shown to the Chairman of the Committee. The Chairman then gets in touch with two other members of the Committee by phone or otherwise; after this is agreed upon the Chairman gets in touch with the Secretary telling him to give permission for the use of the Park, and an outline of the Rental fee.

Therefore there are no minutes that I can submit regarding the granting of permission for the use of the Park to the Trade Union.

I have the honour to be Sir your obedient servant

(Sd.) Basil E. Henderson

Secretary/Warner Park Committee”

8 It is convenient at this stage to set out the pertinent provisions of the Warner Park Rules, 1964. (SR&O...