St. Kitts-Nevis-Anguilla National Bank Ltd v Attorney General

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Bishop, J.
• Judgment Date: 04 May 1982
• Neutral Citation: KN 1982 HC 1
• Docket Number: No. 16 of 1982.
• Date: 04 May 1982

High Court

Bishop, J.

No. 16 of 1982.

St. Kitts-Nevis-Anguilla National Bank Ltd.

and

Attorney General

Appearances

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

Miss C. Mitchum for applicant St. Kitts-Nevis-Anguilla National Bank Limited

Dr. W. Herbert with the Hon. Mr. S.W. Tapley Seaton Attorney General, Mr. T. Bryon and Mr. B. Butler for the respondent

Constitutional law - Fundamental rights and freedoms — Property rights — An application for redress under section 16 of the Constitution in respect of a contravention of section 6 — Whether the application company had been deprived of its property by the Legislature — Declaration made that the Bank Act 1982 was unconstitutional void and of no effect since it contravened the fundamental right to protection from deprivation of property in sec. 6 of the Constitution —Finding that all acts done under the Act were void and of no effect.

Bishop, J.

1 On the 13th September 1958 St. Kitty Industrial Bank Limited was duly incorporated under the laws of this country, and same eleven years or so later, Edmund W. Lawrence began to work for that Company.

2 On the 16th March 1970, Edmund W, Lawrence was appointed Managing Director of the said Company. His appointment to that position was the result of a resolution of the Board of Directors of the said Company whereby it was also agreed that he should hold such office until he resigned therefrom or until he ceased to hold the office because he ceased to be a Director “by virtue of the provisions of the Company' o Articles of Association”.

3 On the 15th February 1971 this Company same to be known as St. Kitts-Nevis -Anguilla National Bank Limited and with the said Edmund W. Lawrence, Managing Director and Chairman of the Hoard of Directors of the Company are the applicants in the Motion before me.

4 On the 8th March 1982, a notice was issued convening a meeting of the House of Assembly of St. Christopher and Nevis on that soma day. The meeting was bald and the House of Assembly passed — through all of its stages — a Bill shortly entitled “The St. Kitts-Nevis-Anguilla National Hank Limited (special Provisions) Act 1982” that received the assent of the Governor later that same day, 8th March.

5 At about five minutes before five o'clock that afternoon, a latter was delivered by ones Constable Rawlins to Edmund W. Lawrence. The letter was dated 8th March 1982, and read as far as follows:

Ministry of Finance,

St. Kitts-Nevis-Anguilla

National Bank Limited

Basseterre

St. Kitts

“Dear Sir,

This serves formally to inform you of the enactment of the St. Kitts-Nevis-Anguilla National Bank Limited (special Provisions) Act, 1982.

As a consequence of the enactment of the above legislation the Director of the St. Kitts-Nevis-Anguilla National Bank Limited have ceased to hold office and a new Board has been appointed to manage and control the affairs of the Bank.

Yours faithfully,

(S. Daniel)

Minister of Finance

6 I think it was agreed, or at any rate not disputed by learned counsel for the respondent in the Motion, and I as of like view that the letter purported to remove Edmund Lawrence as a Director of the Board of Directors of St. Kitts-Nevis-Anguilla National Bank Limited, a position to which he had been elected by the members of that Company in general meeting.

7 At 5:00 p.m. on the 8 ^th March 1982, Edmund Lawrence received the following letter:

St. Kitts-Nevis-Anguilla National Bank Limited

Basseterre

St. Kitts

8 ^th March 1982

Mr. Edmund Lawrence

St. Kitts-Nevis-Anguilla National Bank Limited

Basseterre

Dear Sir

I write to inform you that in consequence of the enactment of the St. Kitts-Nevis-Anguilla National Bank Limited (special Provision) Act 1982, a new Board of Directors has been appointed under the said Act.

I am therefore to inform that the Board of Directors of the Bank requires you forthwith to surrender the keys, documentation and property of the Bank to the Chairman.

Yours faithfully

William Liburd

Chairman.”

8 The following statement of facts, made by learned counsel Mr. Moore, was among the facts agreed to by learned counsel Dr. Hubert:

“That same day, somewhere near 5:00 p.m. some six persons, accompanied by members fo the State's police force, including the Commissioner of Police, claiming to have been appointed by the Minister of Finance entered the Head Office of the Company at the corner Church and Central Streets, Basseterre, and proceeded to take certain action including purporting to hold meetings, purporting to terminate the appointment of Mr. Lawrence as Managing Director of the Company, ejecting the applicant form the premises and demanding and receiving from him keys and vehicles belonging to the Company but held by him in right of his office in the said Company's.

9 It is undisputed ales, or agreed, that at 5.20 p.m. on the 8th March. Edmund Lawrence received the following letter (dated 8th March 1982) from William Liburd, Chairman;

“Dear Sir,

I write to inform you that the Board of Directors has taken a decision to terminate your services with immediate effect.

You are therefore required to vacate the premises immediately.

10 Yours faithfully

11 ………………….

12 According to the statement of facts, as agreed by learned counsel:

“Ever since 8th March 1982 these same six persons have been holding meetings from time to time and purporting to act for and on behalf of the Company, St. Kitts-Nevis-Anguilla National Lank Limited, and have remained in control of the business, affairs and assets of the said Company”.

13 On the 15th March 1982, St. Kitts-Nevis-“Anguilla National Bank Limited and Edmund W. Lawrence — through their solicitor — filed a motion seeking redress in respect of an alleged contravention of sectian 6 of The Constitution of Saint Christopher, Nevis and Anguilla, set out in the second Schedule of The Saint Christopher, Nevis and Anguilla Constitution Order 1967 which came into operation an the 27th February 1967.

14 The Motion came before me on the 1st April 1982 and after Miss Mitchum and Mr. Moore had entered appearance for the same applicant, but not in association, Mr. Moore made a submission which in answer to the court, he said he would wish to have fully argued. I suggested that the application of Edmund Lawrence he heard and determined and that of St. Kitts-Nevis-Anguilla National Bank Limited be deferred so that the position with respect to appearances of learned counsel for that Company and the effect of the notice of change of solicitors and the Notice of Discontinuance filed on the 1st April 1982, might be fully argued on another occasion, if necessary. This suggestion met with the agreement of learned counsel for the parties.

15 At the outset of the hearing of the application of Edmund W. Lawrence I drew attention to the affidavit in rapport of tire Motion, which referred to three letters as being exhibited therewith; but none of these exhibits had been identified by a certificate of the person before wham the affidavit had been sworn. (Order 41 rule 11 of Rules of Supreme Court 1970). I also referred to Order 41 rule 4 of Mules of Supreme Court 1970 and Mr. Moore indicated that he would seek leave of the court to use the three letters when he was stating the agreed facts.

16 Perhaps as a matter of interest, and to put the hearing in total perspective, I should point out here that on the opening day of the hearing learned counsel for the applicant Lawrence, informed the court that there were further facts to which the applicant could not swear on oath from his personal knowledge, but which were germane to a proper ventilation of the matter. After hearing Mr. Moore and Dr. Hubert, I granted an adjournment to allow the solicitor for the applicant, time within which to file and serve the affidavits of persons other than Edmund Lawrence. When the hearing resumed, learned counsel for the applicant explained that the need for further affidavits was obviated as the material and substantial facts were not in dispute and would thus be stated in the course of dealing with the application.

17 The applications was made under section 16 of the Constitution of Saint Christopher, Nevis and Anguilla 1967, herein also referred to as The Constitution, and the following declarations were sought: (1) “that St. Kitts-Nevis-Anguilla National Bank Limited (special Provisions) Act 1982, passed by the House of Assembly of Saint Christopher and Nevis on the 8 ^th day of March 1982 contravenes section 6 of The Constitution and is therefore unconstitutional, null, void and of no effect”; (2) “that the purported appointment of six (6) persons to constitute the Board of Directors of St. Kitts-Nevis-Anguilla National Bank Limited on the 8 ^th day of March 1982 by the Minister of Finance of the Government of the State of Saint Christopher and Nevis is unconstitutional, null, void and of no effect”; (3) “that he purported assumption of the management control and administration of the business and affairs and assets of the said Bank on the 8 ^th March 1982 by the six (6) persons appointed by the said Minister is unconstitutional null, void and of no effect”; (4) “that the purported termination of the services of Edmund W. Lawrence aforesaid with the said Bank on the 8 ^th day of March 1982 by the six (6) persons appointed by the said Minister is unconstitutional null, void and of no effect.” In addition to the declaration, the applicant also asked for “an order restraining the Minister of Finance aforesaid, his servants and/or agents and any person from in any way making use of or doing anything under and by virtue of the said St. Kitts-Nevis-Anguilla (special Provisions) Act 1982”, for such further relief as the nature of the case may require, and for his costs of and incidental to this application.

18 I referred earlier to the fact that six persons, claiming to have been appointed by the...