Elliott v Thomas
| Jurisdiction | St Lucia |
| Judge | Wills, J. |
| Judgment Date | 23 August 1957 |
| Neutral Citation | LC 1957 HC 2 |
| Docket Number | No. 6 of 1957 |
| Court | High Court (Saint Lucia) |
| Date | 23 August 1957 |
Windward and Leeward Islands Supreme Court. High Court.
Wills, J.
No. 6 of 1957
M.C. Salles-Miquelle for appellant.
Respondent in person.
Practice and procedure - Judgment — Default judgment.
Facts: This was an appeal against a decision in which the magistrate entered judgment for the respondent, the appellant having failed to attend court. The plaintiff brought an action for wrongful dismissal.
Held: The defendant was served personally by the clerk to appear at another magistrate's court. Also, there was an infraction of Article 21 the Civil Code. No judicial demand could be adjudicated upon unless the party against whom it was made had been heard or duly summoned. The judgment of the magistrate was void and of no effect. The case would be remitted with instructions that a fresh summons be issued and served on the appellant and the case be heard de novo.
On the 27th May 1957 the respondent filed a declaration against the appellant in the First District Court and in which he claimed the sum of Eighteen Dollars and seventy-two cents ($18.72) as damages for wrongful dismissal.
The parties resided at La Caye, Deanery and the alleged breach of agreement took place at La Caye aforesaid.
The hearing of the said case was fixed for the 14th day of June 1957 at Deanery Magistrate's Court and a Summons was supposed to have been issued by the clerk to the magistrate of the First District Court requesting the appellant to attend at the Magistrate's Court at Deanery on the 14th day of June 1957 to answer the declaration filed against him by the respondent.
On the 14th day of June 1957 the respondent appeared before the magistrate sitting at Deanery but the appellant was in default of appearance.
The magistrate adjourned the case to the 27th June 1957 and directed the Clerk to issue a fresh Summons on the appellant for his attendance at Deanery Magistrate's Court on 27th June 1957.
On the 27th day of June 1957 the respondent appeared in court and the appellant again failed to attend court.
The magistrate there and then and in quite a Summary manner entered judgment in favour of respondent.
This is what appears on the record “no appearance of defendant. Plaintiff ready to go on with case. Judgment for the plaintiff in the sum of $18.92 and costs $2.16”.
It is noted that the respondent gave no evidence on oath in support of his claim.
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