Gonsalves v The Central Housing and Planning Authority

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 28 July 1972
• Neutral Citation: KN 1972 HC 13
• Docket Number: No. 3 of 1969
• Date: 28 July 1972

High Court

Glasgow, J.

No. 3 of 1969

Gonsalves

and

The Central Housing and Planning Authority

F.E. Kelsick and C. Wilkin for plaintiff.

F.C. Adams and F.C. Bryant for defendant.

Tort - Negligence — Vicarious liability — Traffic accident.

Facts: The issue was whether the second defendant company was vicariously liable for damages caused by the first defendant in respect of the plaintiff. The first defendant an employee of the second defendant company had no permission from the company to drive the vehicle in question but was using the vehicle for his own purposes.

Held: The second defendant company was not liable to the plaintiff. Judgment given for the second defendant company.

Glasgow, J.

1 This action arises out of a collision on the 8th August 1963 between rotor truck No. 162 owned by the plaintiff and Land Rover No. C.N. 213 owned by the defendant.

2 The plaintiff is and was at all material times a whole-sale and retail provision merchant residing and carrying on business at Half Way Tree Village, St. Kitts, and the owner of motor truck C.N. 162. The Defendant is a body corporate constituted and duly authorised by the Slum Clearance and Housing Ordinance (Car. 263) and having its office at The Park Range, Basseterre. The defendant was on the 8th August 1968 and at all other times material to this action the owner of Land Rover C.N. 213.

3 On the 8th August 1968 Arthur Armony was a schoolboy aged eighteen years who, with other schoolboys of sixteen to eighteen years of age, had been employed by the defendant on a temporary basis during the school vacation as part of a survey team. On the 8th August, 1968 Armony had only a learner's permit to drive a motor vehicle; he never had any authority from anyone to drive any vehicle; belonging to the defendant. On that day Calvin Esdaile, a Survey Assistant employed by the defendant, was in charge of a group of survey personnel employed by the defendant, which consisted of about six persons, including Armony and three other schoolboys. Esdaile was the holder of a driving licence, and he alone was authorised to drive Land Rover C.N. 213 to and from St. Pauls on that day.

4 On the morning of the 8th August, 1968 Esdaile drove the said Land Rorer from Basseterre to St. Paula with the said survey personnel. The defendant was at that time carrying out a development project at St. Paul's, and a site was being prepared there, On arrival at the site at St. Paul's, Esdaile got out of the Land Rover, walked same distance away from it, and was talking to somebody. Esdaile then returned to the Land Rover and spoke to the members of his survey team, some of whom, including Armony, were out of the stationary Land Rover. Esdaile again walked away...