Syder v Claxton

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 23 August 1977
• Neutral Citation: KN 1977 HC 10
• Docket Number: 26 of 1975
• Date: 23 August 1977

High Court

Glasgow, J.

26 of 1975

Syder

and

Claxton

Appearances:

Wilkin for plaintiff.

Byron for defendant.

Detinue. - The plaintiff sought the return of 30 goats from the possession of the defendant. Whether the goats were unlawfully detained by the defendant — Finding that the defendant had detained the goats for an unreasonable length of time and that he refused to return them on the plaintiff's request — Judgment given for the plaintiff.

Glasgow, J.

1 The plaintiff's claim against the defendant is for the return of thirty goats (and their offspring if any) allegedly wrongfully detained by the defendant or the value of the said goats, and $300 damages for their detention. The defendant's defence is in effect that he has no goats in his possession belonging to the plaintiff.

2 The material facts as I find them, are as follows: The plaintiff is a fisherman who resides at Brickiln Village in the Island of Nevis. In the year 1971 the plaintiff first started rearing goats. In May, 1972 the plaintiff was engaged as caretaker of River Yard and Hope Estates in Nevis —two adjoining estates —by the owner of the said estates Mr. James Claxton. The plaintiff's duties on the said estates were to look after the said estates and to pick up husk and sell coconuts growing thereon. Mr. Claxton allowed the plaintiff to cut sticks on the said estates with which to brace his fishpots, and also to graze his goats there. The plaintiff first started keeping goats on the said estates about two weeks after he was engaged as caretaker. He started off with 22 goats. No one else had goats or any other animals on the said estates at that time. In addition to the goats, the plaintiff had three cows on the said estates.

3 River yard and Hope Estates comprise between 250 and 300 acres. Growing on dike said estates were a little more than 100 bearing coconut trees, two Hale trees, some mango trees and one avocado pear tree. The rest of the said estates consisted of bush and pasture land. The plaintiff gave Mr. James Claxton every six months the money he obtained for the sale of coconuts.

4 In August, 1973 the defendant came to live in Nevis, where he assumed the post of Medical Superintendent of Alexandra Hospital, Nevis, and Senior Medical Officer of that island. It was when the defendant came to live in Nevis that he met the plaintiff. The defendant visited the said estates with his father, Mr. James Claxton, and on two of those occasions the plaintiff accompanied the defendant and the defendant's father.

5 The defendant's father died on the 5th September, 1973 leaving a Will which was duly admitted to probate. The defendant's mother and one of his brothers were the executors named in the said Will. At the time of the trial the said estates were still under the control of the said executors. The defendant is one of the beneficiaries under his late father's Will. In the early part of May, 1974 the defendant spoke with the said executors, and with the plaintiff. The defendant subsequently purchased a number of sheep and goats which were taken to the said estates where the plaintiff was to take care of them. Three batches of the defendant's sheep and goats were taken to the said estates between May and July, 1974.

6 About two weeks before Christmas, 1974 the defendant asked the plaintiff to send him a goat. The plaintiff did not comply with the request. One week later the defendant repeated the request. Two or three days before Christmas the plaintiff told the defendant that he was unable to catch a goat for the defendant and that the defendant should come and catch it himself. The plaintiff also told the defendant that the goats were running wild. The defendant visited the said estates. The plaintiff was then present. The defendant wanted to shoot one of his ram-goats but they kept running and mingling with the flock so the defendant shot a sheep instead —a ram. The defendant next went back to the said estates about the middle of January, 1975. Accompanying the defendant on that occasion were Oriel Claxton, Floyd Harris and Evan Nisbett. Mr. Nisbett was then an Agricultural Officer for Nevis. The plaintiff accompanied them. They all walked the boundaries of the said estates. In the plaintiff's presence Mr. Nisbett was advising on the running of fencing around a certain portion of the said estates. They afterwards returned to the central and open part of the said estates where they discussed the choice of a place for a pen. It was at that spot that the plaintiff drew the attention of Mr. Nisbett and the defendant to a piece of rope which was tied to a tree. The plaintiff said that an animal had been tied to the other end of the rope but that someone had stolen the animal. As a result of Mr. Nisbett's advice, the defendant arranged to purchase some fencing wire from the Agricultural Department to have the fencing, done. At about that time, the plaintiff again told the defendant that the latter's animals were running wild and that the defendant should come and catch them. As a result, the defendant had a conversation with Floyd Harris.

7 On a Sunday early in February, 1975 the defendant, accompanied by Harris and one Loughton France, who is also called Tuckett, went to the said estates. The plaintiff was not there when they arrived, but he arrived shortly afterwards. Brickiln Village, where the plaintiff lives, is about one-eighth of a mile from the said estates. The defendant told the plaintiff that he had come to catch his (the defendant's) animals, as the plaintiff had requested. The plaintiff said nothing. The defendant told the plaintiff that...