Augustus Justin Appellant v Cherie Justin Respondent [ECSC]

• Jurisdiction: St Lucia
• Judge: ST. BERNARD. J.A.,CHIEF JUSTICE
• Judgment Date: 20 October 1975
• Judgment citation (vLex): [1975] ECSC J1020-2
• Docket Number: CIVIL APPEAL NO.1 of 1975
• Court: Court of Appeal (Saint Lucia)
• Date: 20 October 1975

[1975] ECSC J1020-2

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Peterkin

CIVIL APPEAL NO.1 of 1975

Between:

Augustus Justin

Appellant

and

Cherie Justin

Respondent

V. Cooper for appellent.

M. Gordon for respondent.

ST. BERNARD. J.A.

1 The respondent in her declaration dated the 8th November 1974 made allegations of cruelty and desertion against the appellant and sought the following relief:

• "(1) That she may be judicially separated from bed and board from the defendant.

• (2) That the defendant be declared forfeit of all rights in the community and that the defendant be ordered to return to the plaintiff the following items of community property namely, one refrigerator, one bedroom suite, one dresser, one stereo set and oil paintings which said items the defendant removed from the matrimonial home on his desertion therefrom.

• (3) That the plaintiff be granted custody of the said children of the family.

• (4) That the defendant be ordered to provide a sum to be determined by the Court for the maintenance of the plaintiff and the said children of the family.

• (5) That the defendant be ordered to pay for the costs of these proceedings; and

• (6) Such other relief."

2 At the hearing of this appeal counsel for the respondent stated that he had abandoned at the trial paragraph (2) of the prayer. The defence put in issue the questions of desertion and cruelty and the custody of the children.

3 The trial judge found the allegations of desertion and cruelty proved and made the following order:

• "(a) That she be judicially separated from bed and board from the defendant.

• (b) That she be awarded the custody of the three children of the marriage, namely Andre Mark born 3rd October 1963, Darren Augustus born on the 6th March 1967, and Orrin Jason Paul born on the 20th February 1973.

• (c) That the defendant do pay into Court the sum of $550 monthly for the maintenance of the plaintiff and the said three children of the marriage with effect from 15th March 1975.

• (d) That the defendant be granted access to the said children once a week at a time and place to be agreed upon between the parties in consultation with counsel on both sides.

• (e) That there be separation of community in so far as it relates to the following properties which are in community of property:

  • (i) The Barnard Hill property;

  • (ii) No.17 Chaussee Road; and

  • (iii) the business carried on at No.17 Chaussee Road and known as the Lithographic Press (St.Lucia) Ltd.

• (f) That the defendant is ordered to pay the costs of these proceedings."

4 The grounds of appeal are as follows:

• "(a) That the learned trial judge erred in holding that the property of the Lithographic Press is community property or the property of any Company.

• (b) That the learned judge further erred in making any order relating to the Company called the Lithographic Press Limited or any property if any which it owned since thesaid Company was not a party for the proceedings and therefore was outside the jurisdiction of the Court.

• (c) That the learned trial judge's interpretation of "possession" under Article 1192 of the Civil Code of Saint Lucia is erroneous and was a misdirection in law and as a consequence the whole of the judgment relating to community was wrongly applied.

• (d) That the learned judge's findings that No.34...