Ambrose v Dalsoo

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Lewis C.J.,Bishop, J.
• Judgment Date: 11 March 1968
• Neutral Citation: LC 1968 HC 7
• Docket Number: Civil Appeal No. 1 of 1968
• Date: 11 March 1968

West Indies Associated States Supreme Court. (High Court)

Bishop, J. and Lewis, C.J.

Civil Appeal No. 1 of 1968

Ambrose

and

Dalsoo

Practice and procedure - Courts — Magistrates Court — The appellant appealed on the ground that the magistrate did not give reasons for the decision which he made. The magistrate later provided reasons. The issues in the case were whether the appellant and the respondent had an agreement concerning cattle and whether the magistrate's decision was wrong

Held: This was merely a question of credibility. The court could not interfere with the magistrate's decision on a question of credibility except for a good reason.

Lewis C.J.

1 In this case, the appellant filed an action and in his declaration he alleged that by written agreement made on the 18 ^th January 1958, the defendant delivered to him a mare to keep in share profit and he said that the mare while in his possession had three young ones. First of all he had a mule and he gave it to the defendant, then it had a colt and he kept it, the he said on the 24th of June 1961, the horse had a stallion and it is in respect of his stallion that he claims a half share. He said that the agreement came to an end as a result of the defendant taking his stallion and selling it in October 1965 and refusing to give him his share. He gave evidence and called his wife as a witness but she was unable to assist him as to what the agreement was; but she gave evidence that the stallion was dropped while in the possession of the plaintiff and that he had it in his possession for a time.

2 First of all I should say it is unfortunate the plaintiff did not produce the alleged written agreement in court.

3 The defendant (respondent) in his evidence denied any written agreement. He said that he did not give the horse half share, but that the...