F. Christmas v Natioinal Fair Trade Organisation of Dominica et al

. ,", COMMONWEALTH OF DOMINICA THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO DOMHCV200S/466 BETWEEN: FELIX CHRISTMAS Claimant AND [1] NATIONAL FAIR TRADE ORGANISATION OF DOMINICA [2] WINDWARD ISLANDS BANANA DEVELOPMENT AND EXPORTING CO LTD Defendants Appearances: On written submissions by Mr McDonald Christmas for the Claimant Ms Laurina Vidal holding for Mr Kondwani Williams for Defendant 2010: June 1 2011: February 10. JUDGMENT

[1]Lanns, M: On 29th January 2009, the Claimant obtained adefault judgment against the Defendants for damages to be assessed. This is the assessment.

[2]Upon consideration of the submissions and evidence of the Claimant, as well as the Report submitted by Mr John Stephenson, Rural Development &Farm Management Specialist, (which I accept), the following awards will be allowed as special damages. Labour (nominal) in accordance with Greer v Alston's Engineering (2003) 63 WIR 388) $ 5,000.00

[3]IT IS HEREBY ORDERED THAT [1J The Defendants do pay the Claimant the sum of $5000.00 as special damages. [2J The Defendants do pay the Claimant the sum of $126,000.00 as general damages for breach of contract and negligence. [3J The Defendants do pay the Claimant statutory interest on the total judgment sum of $131,000 until satisfaction.

[4]Prescribed costs to the Claimant in accordance with Part 65 Appendices Band C.