Gibson v Straker

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Stoby, C.J.
• Judgment Date: 05 July 1963
• Docket Number: No. 35 of 1963
• Date: 05 July 1963

Divisional Court

Stoby, C.J.; Hanschell, J.

No. 35 of 1963

Gibson

and

Straker

Appearances:

Mr. H.B. St. John for the appellant

Mr. A.A. Williams for the respondent

Practice and and procedure - Magistrate's court — Jurisdiction and Procedure Act, 1956, s. 132 — Whether section allows appellant to appeal against a decision without determining who respondent or respondents shall be — Magistrates Court Act, 1952 (U.K.) — Appellant must decide who he wishes to make a respondent.

Stoby, C.J.

1 The respondent Doreen Straker was the plaintiff in an action before the Magistrate of District A in which she claimed damages against the appellant Ulric Gibson and one Boyce.

2 At the close of the respondent's case counsel for Boyce who was also counsel for Gibson submitted that there was no case against Boyce. The Magistrate upheld the submission and non-suited the claim in so far as it affected Boyce. The hearing continued and judgement in favour of the plaintiff (respondent) was given against the defendant (appellant) Gibson.

3 On February 28, 1963 the following document was lodged in the Magistrates Court:

“NOTICE OF GROUND OF APPEAL”

IN THE FULL COURT OF THE SUPREME COURT OF BARBADOS

On appeal from the Magistrate's Court for District

Civil Jurisdiction

Ulric Gibson Appellant

Doreen Straker Respondent

Take notice that the following grounds of appeal herein notice whereof was given in the magistrate's court on the__day of 19__, (or notice is dated the__day of__19):–

• 1. That the decision is against the weight of the evidence.

• 2. that some other specific error not hereinbefore mentioned and substantially effecting the merits of the case has been committed in the course of the proceedings in this case.

Dated this 28th day of February 1963.

Appellant

Ulric Gibson

To Doreen Straker

of Vaucluse Tenantry, St. Thomas

and L.I. Worrell, Esquire

the Magistrate of the above-mentioned Magistrate's Court”

4 The appeal came on for hearing before this court in the ordinary way and counsel for the appellant obtained leave to amend his grounds of appeal by adding as follows:

“That decision is wrong in law in that (a) case against Boyce should not have been non-suited.

Ground 2. Particulars

There was conflict of interest between 1st and 2nd defendant and Court should not have permitted one counsel to appear for both in that Boyce's case was that Gibson was not his servant or agent.”

5 Counsel has submitted that he is entitled to challenge the whole judgement of the Magistrate including the part of it non-suiting the respondent's claim against Boyce.

6 This submission requires an examination of the relevant sections of the Magistrates Jurisdiction and Procedure Act, 1956–57 providing for appeals to the Full Court from a magistrate's decision.

7 Section 130 of the Act enables either party to an action before a magistrate to appeal to the Supreme Court from a judgement of a magistrate. Section 132 provides that an appeal shall be commenced by the appellant giving to the clerk notice of such appeal which may be verbal or in writing in the prescribed form and if verbal shall be forthwith reduced to writing and...