St. Kitts Nevis Anguilla National Bank Ltd and Lawrence v Attorney General

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Bishop, J.
• Judgment Date: 18 April 1984
• Neutral Citation: KN 1982 HC 3
• Docket Number: No. 16 of 1982
• Date: 18 April 1984

High Court

Judge (s): Bishop, J.

No. 16 of 1982

St. Kitts Nevis Anguilla National Bank Ltd. and Lawrence

and

Attorney General

Clarke et al

and

Bussue

Mr. L. Moore with Mr. F. Bryant for applicant Edmund W. Lawrence

Mr. F. Henville for the Hon. S. Daniel, Minister of finance

Mr. N. Butler with Mrs. Butler for respondents Liburd, Manning, Reynolds, Kelly, Jones and Huggings

Eugene Walwyn for the Plaintiffs

Theodore Hobson for the Defendant

Practice and procedure - Contempt of court — Injunction restraining Minister, his agents and servants from holding an extra—ordinary general meeting — No proof that the named persons took part in an extra—ordinary general meeting.

Bishop, J.

1 A Motion seeking redress in respect of an alleged contravention of section 6n of the Constitution of St. Christopher, Nevis and Anguilla of 1967 (known since the hearing of civil appeal No. 3 of 1981 as the Constitution of St. Christopher and Nevis) was filed on behalf of St. Kitts-Nevis-Anguilla National Bank Limited and Edmund Lawrence on the 15 ^th March 1982. The gravamen of the complaint of the applicants was, in effect, that the St. Kitts-Nevis-Anguilla National Bank Limited (Special Provisions) Act 1982, was unconstitutional, null, void and of no effect.

2 The Motion was heard on the first and second days of April 1982 and decision was reserved, and perhaps I might emphasise that only the application of Edmund Lawrence was considered.

3 On the 7 ^th April, after hearing counsel for the applicant, Edmund Lawrence, and after reading the affidavit of the said applicant, Glasgow J made the following Order:–

“It is ordered and directed that the Minister of Finance by himself his servants or agents or otherwise be restrained and an injunction is hereby granted restraining him or them from holding an Extra-ordinary General Meeting of St. Kitts, Nevis Anguilla National Bank Limited on Wednesday the 7 ^th day of April 1982 at 5.00 p.m. or at any other time until after Judgment in this Action or until further Order in the meantime.

And it is further ordered that the costs of this application be costs in the cause”.

4 On the 28 ^th May, Edmund Lawrence, through his solicitor, filed a Motion seeking orders for committal to prison for contempt of court. In the light of the contentions raised at the hearing of this Motion, it is desirable, in my view, to set out the Motion. After indicating that it was in the High Court of Justice in the State of Saint Christopher and Nevis (civil jurisdiction) and in the Saint Christopher Circuit, the Motion read thus:–

“No. of suit 16 of 1982.	In the Matter of the Constitution of the State of Saint Christopher and Nevis ( S.I. 1967 No. 228)
	and
	In the matter of the application of St, Kitts Nevis, Anguilla National Bank Limited under section 16 of the Constitution for redress in respect of a contravention of section 6 of the Constitution
	and
	The Honourable Attorney General of the State of Saint Christopher and Nevis
	and
	In the Matter of an Application by Edmund E. Lawrence for Orders of Committal.

5 TAKE NOTICE that the High Court of Justice at Basseterre in the Island of Saint Christopher will be moved on Monday the 7 ^th day of June 1982 at the sitting of the Court at 9:00 ‘clock in the forenoon or so soon thereafter as Counsel can be heard, by Counsel on behalf of EDMUND W, LAWRENCE, FOR Orders that the following persons, namely

Honourable Simeon Daniel, Minister of Finance, Basseterre aforesaid

William Liburd, Pond Pasture, Basseterre aforesaid

Robert Manning, Bird Rock, Basseterre aforesaid

John Reynolds, Bay Road, Basseterre aforesaid

Kenneth Kelly, Shadwell, Basseterre aforesaid

Fitzroy Jones, New Pond Site, Basseterre aforesaid

Wendell Huggings, Charlestown, Nevis

6 BE COMMITTED TO Prison for their contempt of this Court in holding an Extraordinary General Meeting of St. Kitts, Nevis Anguilla National Bank Limited on Wednesday the 7 ^th day of April 1982 notwithstanding an Order dated the 7 ^th day of April 1982 made in this Action and in breach of the Injunction therein contained.

7 AND for an Order that the costs of and incidental to this application and of any Order made hereon be paid by the Honourable Attorney-General aforesaid

8 AND that such further or other Order may be made as the nature of the case may require

9 AND FURTHER TAKE NOTICE THAT THE Applicant intends to read and use in support o the application the Affidavit of the Applicant EDMUND w. Lawrence filed herein on the 28 ^th day of May 1982 proving the said contempt, a copy of which Affidavit is served with this Notice of Motion.

DATED the 28 ^th day of May 1982

C. FITZROY BRYANT

Solicitor for the applicant.”

10 The Motion was addressed to Honourable Attorney General, Government Headquarters, Basseterre, St. Kitts, Honourable Minister of finance, Government Headquarters, Basseterre, St. Kitts, William Liburd, Pond Pasture, Basseterre, St. Kitts, Robert Manning, Bird Rock, Basseterre, St. Kitts, John Reynolds, Bay Road, Basseterre, St. Kitts, Kenneth Kelly, Shadwell, Basseterrs, St. Kitts, Fitzroy Jones, New Pond Site, Basseterre, St. Kitts, Wendell Huggins, Charlestown, Nevis.

11 In dealing with this Notion, learned counsel for the applicant sought – at one stage of his argument – to rely upon affidavits in the Record but which had not been referred to, any manner, in the instant Motion. Learned counsel for Simeon Daniel the Minister of Finance, objected to any reference beyond the affidavit cited in the Motion, submitting that counsel for the applicant was bound by the motion and the evidence contained in the affidavit in support. I upheld the objection and refused the use of any affidavit other than that filed in support of the motion. In reaching that conclusion I quoted Rule 2(1) of Order 73 of The rules of Supreme Court (Revision) Order 1972 and I referred to what was stated in the Motion. Rule 2(1) states: “Where an application for an Order of committal may be made to the Court the application must be made by motion and be supported by an affidavit”. The Motion (quoted above) advised those to whom it was addresses that a specific affidavit would be read and used in proving the contempt complained of and that a copy of that affidavit had been served along with the Notice of Motion. There was no reference whatever to any other affidavit or part of the record; and of course if the applicant intended to rely upon other affidavits or parts of the Record, it would have been a simple thing to state it in the Notice of Motion. I held that the affidavit required to be filed in support of the Motion ought to set out all the facts relied upon to support the applicant's Motion, and that it would be wrong – at this stage – to allow the use of other affidavits which had not been mentioned or referred to in the Motion. The Motion concerned the liberty of the subject, it had been filed more than six weeks after the Order was made by Glasgow J., and it was being heard on the 19 ^th July 1982, that is, just under two months of it being filed.

12 Although the Motion advised that the High Court of Justice would be moved on 7 ^th June, it did not come on for hearing by me until the 19 ^th July. No case submissions were made after learned counsel for the applicant addressed the court on the Motion and I reserved my decision (after hearing counsel for the parties).

13 I think it helpful to quote the pertinent paragraphs of the affidavit in support of the Motion, sworn by Edmund W. Lawrence of Bird Rock in the town of Basseterre, and the applicant in the above-named Action.

• “2. By an Order of the Honourable Mr. Justice Eardley Glasgow made in this Action at 10:35 a.m. on the 7 ^th April 1982 it was ordered and directed as follows –

  That the Minister of finance by himself his servants or agents or otherwise be restrained and an injunction is hereby granted restraining him or them from holding an Extraordinary General Meeting of St. Kitts Nevis Anguilla National Bank Limited on Wednesday the 7 ^th day of April 1982 at 5.00 p.m. or at any other time until after Judgment in this Action or until further Order in this meantime.

• 3. Mr. Sidkey Butler Crown Counsel on behalf of the Honorable Attorney General the Respondent in this Action and Miss Constance Mitcham, Solicitor for St. Kitts Nevis Anguilla National Bank Limited were both present when the said Order was made.

• 4. At 3:35 p.m. on the said 7 ^th day of April 1982 the Honourable Attorney General made application to the said Mr. Justice Eardley Glasgow for an Order that the Order restraining the Minister of Finance by himself his servants or agents or otherwise from holding the said Extraordinary General Meeting be set aside.

• 5. The said application of the Honourable Attorney General was refused by the Honourable Mr. Justice Eardley Glasgow in the presence of the Honourable Attorney General and of Miss Constance Mitcham Solicitor for St. Kitts Nevis Anguilla National Bank Limited.

• 6. I am informed by Mr. Valentine Browne of Harbour View Housing Development in the town of Basseterre aforesaid, businessman, and by Mr. Peter Dorsett of Finennes Avenue in the town of Basseterre, aforesaid, businessman, both shareholders of St. Kitts Nevis Anguilla National Bank Limited as follows and verily believe –

  • (a) That notwithstanding and in breach of the Orders of the Honourable Mr. Justice Eardley Glasgow the said Minister of Finance by himself his servants or agents or otherwise did hold an Extraordinary General Meeting of St. Kitts Nevis Anguilla National Bank Limited at about 5.15 p.m. on the said Wednesday the 7 ^th day of April 1982 at the said Youth and Community Development Centre.

  • (b) That the said meeting lasted for about 45 minutes.

  • (c) That shortly before the start of the said meeting they heard Miss Constance Mitcham Solicitor for St. Kitts Nevis...