Bank of America National Trust Etc. v Eddy et Al

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Renwick J.
• Judgment Date: 04 March 1970
• Neutral Citation: KN 1970 HC 1
• Docket Number: No. 10 of 1969
• Date: 04 March 1970

High Court

Renwick, J. (Ag.)

No. 10 of 1969

Bank of America National Trust Etc.

and

Eddy et al

Appearances:

F.C. Henville Esq. Q.C. (W.I.'s) for the plaintiff.

D. Byron Esq. for the defendant.

Practice and procedure - Joinder of causes of action — Supreme Court Rules, Order, Rule 18.

Facts: Whether on the construction of Rule 18 of the Supreme Court the two actions in question could be heard separately.

Held: That the causes of action should be joined since on the defendant's own admission the evidence to be led in each case will be the same if the causes of action were heard separately.

1 Renwick J. (AG.): By an order (hereinafter called “the order” made on the 19th day of April, 1969 Glasgow. J. ordered that the plaintiff be at liberty to join a claim for the recovery of debt with a claim for the recovery of land in the above intended action (Suit Miscellaneous B 10 of 1969).

2 The defendant applied by Summons in Chambers dated 28th Octobers 1969 and filed on the following day for an order to set aside the order for irregularity on the grounds: –

• (I) That the evidence upon which the learned Judge was caused to exercise his discretion was improper and inadmissible as it consisted entirely of an affidavit sworn by Richard Luppinacci of matters outside his personal knowledge

• (ii)That the order was made on an exparte application and the defendant was adversely affected thereby.

• (iii) That it is inconvenient and embarrassing for the said causes of action to be joined in the one trial and in the meantime all further proceedings herein be stayed.

3 This summons was supported by an affidavit sworn by the defendant on the 28th clay of October 1969 and filed on the next day. There was an affidavit sworn to by the Manager the Basseterre Branch of the plaintiff (the said Richard Luppinacci) denying the facts set out in paragraph 5 (f) of the defendant's affidavit,

4 Pursuant to the order the plaintiff filed a writ of summons on the 17th day of July 1969 against the defendant who entered appearance on the 23rd day of July 1969. The plaintiff's Statement of Claim was filed on the 2 ^nd day of October 1969 and was delivered on the same day.

5 On the 21st day of October 1969 the defendant filed a Summons in Chambers applying for an order that the plaintiffs alleged cause of action alleged in paragraph 6 (e) and (f) of the Writ of Summons and paragraph (14) (e) and (14) (f) of the Statement of...