Liburd v Lake

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 13 April 1972
• Neutral Citation: KN 1972 HC 4
• Docket Number: No. 9 of 1971
• Date: 13 April 1972

High Court

Glasgow, J.

No. 9 of 1971

Liburd

and

Lake

F.C. Adams and F. Bryant for plaintiff.

Dr. W.V. Herbert for defendant.

Tort - Libel and slander — Slander — Imputation of unchastity.

Facts: The plaintiff claimed damages for slander against the defendant alleging that the defendant imputed unchastity to her. The evidence established that the words were spoken by the defendant, that the words did not constitute mere vulgar abuse of the plaintiff. Held: Presumption of section 10 of the Libel and Slander Act applied to the effect that the defamatory words spoken in the hearing of a third party were published falsely and maliciously. Judgment given for the plaintiff.

Glasgow, J.

1 The plaintiff's claim against the defendant is for damages for slander. The plaintiff alleged that on Sunday night the 31st January, 1971 at Upper Market Street in the town of Basseterre in the Island of Saint Christopher the defendant falsely and maliciously spoke and published of the plaintiff to and for in the presence and hearing of Mary Jane Francis, Etsu Bradshaw and divers other persons whose names are unknown to the plaintiff, the following words:

2 “Just hear this stinking whore Anne Liburd singing in front of my place”. “Anne Liburd, the whoring dirty bitch”. In his defence the defendant denied that he spoke or published any of the said words of or concerning the plaintiff and stated that the said words were not calculated to disparage the plaintiff. The defendant also stated that he would object that the words alleged are merely vituperation and abuse and are not actionable.

3 The plaintiff is a married woman who resides with her husband at Dorset Village in Basseterre. She is a Civil Servant at present holding the post of Assistant Secretary in the Ministry of Communications and Works. She is also the President of the Caribbean Women's Association.

4 On the evening of Sunday the 31st January, 1971 the plaintiff was at Warner Park where a meeting of the Labour Party was in progress. At the end of the meeting — between 10 and 11 –p.m. — the plaintiff left Warner Park driving her car. With the plaintiff in her car were Mary Jane Francis (an elderly lady), Francis' granddaughter Etsu Bradshaw and the plaintiff's daughter Marcella Liburd. Before going to her own home the Plaintiff drove to Upper Market Street to let out Francis and her grand daughter who live together in Upper Market Street. One house separates Miss Francis' house from the defendant's house. On their way home the...