Celestina Adams v Coreen Franklyn
- Collection
- High Court
- Country
- Saint Vincent
- Case number
- High Court Claim No 343 of 1995
- Judge
- Key terms
- Upstream post
- 3521
- AKN IRI
- /akn/ecsc/vc/hc/2009/judgment/high-court-343-of-1995/post-3521
-
3521-1359381431_magicfields_pdf_file_upload_1_1.pdf current 2026-06-21 03:42:02.038511+00 · 95,708 B
, THE EASTERN CARIBBEAN SUPREME COllRT IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES HIGH COURT CLAIM NO. 343 OF 1995 BETWEEN: Celestina Adams Complaint V Coreen Franklyn Defendant Appearances: Mr. O. Dennie for the Complaint Mr. S. Williams for the Defendant 2009: July 21 st ASSESSMENT OF DAMAGES
[1]Cottle J.: This matter came on for trial before Mitchell on 11th April 2001. Judgment was given for the defendant. On appeal to the Court of Appeal the claimants appeal was allowed in part. The matter was remitted for assessment of damages. This was on 9th April 2002. It was not until 11 th October 2005 that the defendant applied to the Court to have the damages assessed
[2]The assessment came in before me on 14th June 2006. The defendant gave evidence and was cross examined. The claimant led no evidence. Counsel were invited to provide the court with written submissions along with authorities in support. It was here the matter languished.
[3]Eventually on 8th May 2008 counsel for the defendant filed his submissions. To date counsel for the claimant has failed to file any submissions. :
[4]The claimant wrongly evicted the defendant from property which the court has found to be owned by them jointly. The evidence of valuation which has not been contested on cross examination is that the removal ofthe roof diminished the value ofthe structure by $31,500. It is accepted by the defendant that she had been living rent free in the house for 10 years and that the claimant was an equal co-owner.
[5]Items destroyed or damaged by the action ofthe claimant have been valued at $7,860.80 by the defendant. The claimant did not challenge this. I thus accept this as special damages shown by the defendant.
[6]The defendant averred that as a result of the actions ofthe claimant, she has had to rent alternative accommodation. I make no award for this item of damages given the admission by the defendant that she had paid no rent during here 10 years of occupation and the entitlement of the claimant to an equal share of the property.
[7]Looking at this matter in the round, I am content to make a global award to the defendant in the sum of$50,000. This sum includes the $7,860.80 for destroyed items, the cost of the destroyed roof and an amount to cover the unlawful eviction. I pause to add that the high handed actions of the claimant might have merited the award of exemplary damages, so reprehensible was her conduct.
[8]As this matter was filed before the coming into force ofthe Civil Procedure Rules 2000, I depart from the scale of prescribed costs I fix the cost payable to the claimant in the sum of $5,000.00 ~J~ Brian Cottle High Court Judge
, THE EASTERN CARIBBEAN SUPREME COllRT IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES HIGH COURT CLAIM NO. 343 OF 1995 BETWEEN: Celestina Adams Complaint V Coreen Franklyn Defendant Appearances: Mr. O. Dennie for the Complaint Mr. S. Williams for the Defendant 2009: July 21 st ASSESSMENT OF DAMAGES
[1]Cottle J.: This matter came on for trial before Mitchell on 11th April 2001. Judgment was given for the defendant. On appeal to the Court of Appeal the claimants appeal was allowed in part. The matter was remitted for assessment of damages. This was on 9 th April 2002. It was not until 11 th October 2005 that the defendant applied to the Court to have the damages assessed
[2]The assessment came in before me on 14th June 2006. The defendant gave evidence and was cross examined. The claimant led no evidence. Counsel were invited to provide the court with written submissions along with authorities in support. It was here the matter languished.
[3]Eventually on 8 th May 2008 counsel for the defendant filed his submissions. To date counsel for the claimant has failed to file any submissions. :
[4]The claimant wrongly evicted the defendant from property which the court has found to be owned by them jointly. The evidence of valuation which has not been contested on cross examination is that the removal ofthe roof diminished the value ofthe structure by $31,500. It is accepted by the defendant that she had been living rent free in the house for 10 years and that the claimant was an equal co-owner.
[5]Items destroyed or damaged by the action ofthe claimant have been valued at $7,860.80 by the defendant. The claimant did not challenge this. I thus accept this as special damages shown by the defendant.
[6]The defendant averred that as a result of the actions ofthe claimant, she has had to rent alternative accommodation. I make no award for this item of damages given the admission by the defendant that she had paid no rent during here 10 years of occupation and the entitlement of the claimant to an equal share of the property.
[7]Looking at this matter in the round, I am content to make a global award to the defendant in the sum of$50,000. This sum includes the $7,860.80 for destroyed items, the cost of the destroyed roof and an amount to cover the unlawful eviction. I pause to add that the high handed actions ofthe claimant might have merited the award of exemplary damages, so reprehensible was her conduct.
[8]As this matter was filed before the coming into force ofthe Civil Procedure Rules 2000, I depart from the scale of prescribed costs I fix the cost payable to the claimant in the sum of $5,000.00 ~J~ Brian Cottle High Court Judge
PDF extraction
, THE EASTERN CARIBBEAN SUPREME COllRT IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES HIGH COURT CLAIM NO. 343 OF 1995 BETWEEN: Celestina Adams Complaint V Coreen Franklyn Defendant Appearances: Mr. O. Dennie for the Complaint Mr. S. Williams for the Defendant 2009: July 21 st ASSESSMENT OF DAMAGES
[1]Cottle J.: This matter came on for trial before Mitchell on 11th April 2001. Judgment was given for the defendant. On appeal to the Court of Appeal the claimants appeal was allowed in part. The matter was remitted for assessment of damages. This was on 9th April 2002. It was not until 11 th October 2005 that the defendant applied to the Court to have the damages assessed
[2]The assessment came in before me on 14th June 2006. The defendant gave evidence and was cross examined. The claimant led no evidence. Counsel were invited to provide the court with written submissions along with authorities in support. It was here the matter languished.
[3]Eventually on 8th May 2008 counsel for the defendant filed his submissions. To date counsel for the claimant has failed to file any submissions. :
[4]The claimant wrongly evicted the defendant from property which the court has found to be owned by them jointly. The evidence of valuation which has not been contested on cross examination is that the removal ofthe roof diminished the value ofthe structure by $31,500. It is accepted by the defendant that she had been living rent free in the house for 10 years and that the claimant was an equal co-owner.
[5]Items destroyed or damaged by the action ofthe claimant have been valued at $7,860.80 by the defendant. The claimant did not challenge this. I thus accept this as special damages shown by the defendant.
[6]The defendant averred that as a result of the actions ofthe claimant, she has had to rent alternative accommodation. I make no award for this item of damages given the admission by the defendant that she had paid no rent during here 10 years of occupation and the entitlement of the claimant to an equal share of the property.
[7]Looking at this matter in the round, I am content to make a global award to the defendant in the sum of$50,000. This sum includes the $7,860.80 for destroyed items, the cost of the destroyed roof and an amount to cover the unlawful eviction. I pause to add that the high handed actions of the claimant might have merited the award of exemplary damages, so reprehensible was her conduct.
[8]As this matter was filed before the coming into force ofthe Civil Procedure Rules 2000, I depart from the scale of prescribed costs I fix the cost payable to the claimant in the sum of $5,000.00 ~J~ Brian Cottle High Court Judge
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, THE EASTERN CARIBBEAN SUPREME COllRT IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES HIGH COURT CLAIM NO. 343 OF 1995 BETWEEN: Celestina Adams Complaint V Coreen Franklyn Defendant Appearances: Mr. O. Dennie for the Complaint Mr. S. Williams for the Defendant 2009: July 21 st ASSESSMENT OF DAMAGES
[1]Cottle J.: This matter came on for trial before Mitchell on 11th April 2001. Judgment was given for the defendant. On appeal to the Court of Appeal the claimants appeal was allowed in part. The matter was remitted for assessment of damages. This was on 9 th April 2002. It was not until 11 th October 2005 that the defendant applied to the Court to have the damages assessed
[2]The assessment came in before me on 14th June 2006. The defendant gave evidence and was cross examined. The claimant led no evidence. Counsel were invited to provide the court with written submissions along with authorities in support. It was here the matter languished.
[3]Eventually on 8 th May 2008 counsel for the defendant filed his submissions. To date counsel for the claimant has failed to file any submissions. :
[4]The claimant wrongly evicted the defendant from property which the court has found to be owned by them jointly. The evidence of valuation which has not been contested on cross examination is that the removal ofthe roof diminished the value ofthe structure by $31,500. It is accepted by the defendant that she had been living rent free in the house for 10 years and that the claimant was an equal co-owner.
[5]Items destroyed or damaged by the action ofthe claimant have been valued at $7,860.80 by the defendant. The claimant did not challenge this. I thus accept this as special damages shown by the defendant.
[6]The defendant averred that as a result of the actions ofthe claimant, she has had to rent alternative accommodation. I make no award for this item of damages given the admission by the defendant that she had paid no rent during here 10 years of occupation and the entitlement of the claimant to an equal share of the property.
[7]Looking at this matter in the round, I am content to make a global award to the defendant in the sum of$50,000. This sum includes the $7,860.80 for destroyed items, the cost of the destroyed roof and an amount to cover the unlawful eviction. I pause to add that the high handed actions ofthe claimant might have merited the award of exemplary damages, so reprehensible was her conduct.
[8]As this matter was filed before the coming into force ofthe Civil Procedure Rules 2000, I depart from the scale of prescribed costs I fix the cost payable to the claimant in the sum of $5,000.00 ~J~ Brian Cottle High Court Judge
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