Mills v Warner

• Jurisdiction: Saint Kitts and Nevis
• Judge: Peterkin, J.A.
• Judgment Date: 28 November 1977
• Neutral Citation: KN 1977 CA 6
• Docket Number: Civil Appeal No. 3 of 1977
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 28 November 1977

Court of Appeal

Davis, C.J.; Peterkin, J.A.; Hewlett, J.A.

Civil Appeal No. 3 of 1977

Mills

and

Warner

Appearances:

Mr. Walwyn for Defendant/ Appellant.

Kelsick & Wilkin for Plaintiff/Respondent.

Tort - Assault and battery.

Facts: An appeal against an award of $800.00 to the plaintiff/respondent as general damages for assault and battery of the plaintiff. The issue was one of fact.

Held: That there was evidence of which the judge could have made the finding he did. Appeal dismissed.

Peterkin, J.A.

1 This is an Appeal against the Judgment of Glasgow J., awarding the sum of $800.00 to the Plaintiff/Respondent as general damages and $25.00 as special damages. The Plaintiff before the Trial Judge, in his statement of claim, alleged that the defendant on the 19th August, 1974 at the Alley, Sandy Point, assaulted and beat him by striking him on the head with a pickaxe.

2 The Defendant before the Trial Judge, in her statement of defence, denied the assault and Battery complained of and also denied causing pain and injury and the loss and damage alleged to have been suffered by the plaintiff.

3 The grounds of Appeal as amended include one ground only on the issue of liability, namely, that the Judgment of the learned Trial Judge is against the weight of the evidence, and there has been added to that ground, a ground on the issue of damages, namely, the Appellant in the alternative moves this honourable Court to reduce the quantum of damages awarded in the, Court below and set aside the order of the Trial Judge, that the costs in the Court below be taxed, and also to award costs based on the practice and procedure in the Magistrates Court.

4 First as/to the question of liability. The facts are quite brief. This case presented what may be termed a collision of the evidence. The evidence adduced by and on behalf of the Plaintiff/Respondent was that the Defendant after some altercation between them as to the use of a path, struck him on the head with a pickaxe. The Defendant/Appellant on the other hand stated on oath before the Trial Judge that the Plaintiff was struck with a stone thrown in the direction of the Plaintiff and herself by the Plaintiff's wife.

5 Now learned Trial Judge had this to say. He said that he believed the evidence of the Plaintiff and that he was also impressed by the evidence of Sgt. Carlston Smith whom he regarded as an independent witness, and he went on to say that he accepted his evidence in its entirety. Now, the evidence of Sgt. Smith which is on pages 15 and 16 of the record is to the effect that the Appellant made a report to...