Morrishaw v Dolphin

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, Q.C.
• Judgment Date: 02 February 1994
• Neutral Citation: KN 1994 HC 2
• Docket Number: 127 of 1993
• Date: 02 February 1994

High Court

Hylton, Q.C. J.

127 of 1993

Morrishaw

and

Dolphin

Mr. J. Emile Ferdinand of Kelsick, Wilkin & Ferdinand for the plaintiff.

Dr. Henry Browne for defendant.

Contract - Contract for services — Agreement to supply sound for a band — Part payment made — Whether services contracted for were provided.

Hylton, Q.C.

1 By a Writ filed on 24th June, 1993 with Statement of Claim endorsed thereon the plaintiff sought to recover from the defendant the sum of $7,800 being the amount he alleges (plus $300 already received), the defendant agreed to pay to him for the provision of sound system equipment and services during the 1991/92 Carnival Celebrations.

2 The plaintiff ‘s case is that he shipped his Sound System Equipment of 20000 Watts of power contained in 12 boxes to St. Kitts by an arrangement whereby he did not pay for same. “Four pieces of the equipment were designed by the plaintiff personally for special effects. The plaintiff's case is further that the equipment came in pieces and that on a day he was assembling them the defendant accompanied by Mr. Livingstone Samuel arrived at his gate — he invited them in and Mr. Samuel said that he was working on the road as a plumber, that the defendant wished to find him and he Samuel was showing the defendant where he the plaintiff lived.

3 In this regard the defendant differed totally from the plaintiff. The defendant said that he gave a drive to Samuel who wanted to see the plaintiff who he alleged owed him money.

4 The plaintiff's case is further that the defendant said “he had heard he had brought in a system from New York so he came to check to see if he could help him.” The plaintiff said further that the defendant continued that he had a lot of work from the Carnival Committee but “he don't have a system” as his speaker was blown out and how much would I charge to supply some sound for the band. The plaintiff's evidence was further that he explained to the defendant the fees in the U.S.A. (New York and Miami) and accepted that that kind of money could not be generated in St. Kitts. The plaintiff said further that the defendant said he would pay him $3,000 U.S. but the plaintiff would have to work the system for him for the entire season. The plaintiff's evidence is further that he agreed to those terms and the defendant said he would send a truck for the equipment as it had to be kept by him for the duration and system was accordingly trucked to ‘De House’ at Soho, Basseterre, where the defendant asked that it be hooked up so he could hear how it sounded.

5 The plaintiff's further evidence is that he worked the system for the entire period plus an additional day and that on one occasion after he had finished persons connected to the defendant took his system out on the road without his permission.

6 The plaintiff said the defendant paid $300 E.C. and promised to send him the balance after he was paid by the Carnival Committee. Thereafter the plaintiff said he shipped his system by air back to U.S.A. but to date he has not been paid the balance of $7,800 E.C. despite requests and letters from his lawyer.

7 The defendant's case was that the plaintiff's arrangement with the Carnival Committee having fallen through the plaintiff wanted ‘exposure’ and approached him. The defendant said he gave Levy a drive to plaintiff's house and after Levy introduced them he left...