Kenneth Monplaisir Respondent/Appellant v 1) Peter Lonn, Executive of Hampstead, Montreal, Canada, 2) Sally Kaps, Executive of Montreal, Canada, and 3) Lawrence Lewis of Cote, St. Luc, Canada Plaintiffs/Respondents West Indies Development Corporation Ltd Petitioner/Respondent Marigot Development Ltd Defendant/Respondent The Sheriff of the High Court of Justice, Saint Lucia Respondentt [ECSC]
| Jurisdiction | St Lucia |
| Judge | PETERKIN, C. J.,Chief Justice |
| Judgment Date | 06 November 1980 |
| Judgment citation (vLex) | [1980] ECSC J1106-1 |
| Date | 06 November 1980 |
| Court | Court of Appeal (Saint Lucia) |
| Docket Number | CIVIL APPEAL NO 1 of 1980. |
IN THE COURT OF APPEAL
The Hon. Mr. Justice Peterkin - Chief Justice
The Honourable Mr. Justice Berridge
The Honourable Mr. Justice Robotham (Acting)
CIVIL APPEAL NO 1 of 1980.
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V. Cooper for Respondent/Appellant
H. Deterville for Petitioner/Respondent
This is an appeal from the judgment of Renwick, J. granting the Prayer contained in the Petition of the Petitioner/Respondent and setting aside the judicial sale held at the Registry of the High Court on the 12th August, 1977. The facts and circumstances are as follows:—
On 27th April, 1976, Peter Lonn, Sally kaps and Lawrence Lewis entered judgment in default of appearance against Marigot Development Ltd in the sum of $129,458.53 in the currency of Canada with interest thereon from July 14, 1975, until judgment at 6% per annum, and $60.00 costs. By Writ of Execution dated 2nd June, 1977, the immovable property of the Marigot Development Ltd was seized, and the sale of these properties by the Sheriff by public auction was held in the Registry on the 12th August, 1977. It is this judicial sale which the Petitioner/Respondent, the West Indies Development Corporation Ltd, sought by Petition filed in the original suit to have the Court set aside.
Prior to the 12th August, 1977, representatives of both sides together with their legal advisers called on and had discussions with the Bailiff Arthur Isidore who was the officer conducting the judicial sale on behalf of the Sheriff, and the procedure was agreed upon.
The sale began at 10 o'clock on the 12th August. Present were representatives of the Petitioner/Respondent, including its President Lawrence Lewis, residents and/or owners of the Marigot Development, Mr. Kenneth Monplaisir, and others. From about 10.30 a.m., the sole bidders were Mr. Kenneth Monplaisir and the President of the Petitioner/Respondent Company. No problem seems to have arisen until the final bid by Mr. Monplaisir. Thereafter, there is a collision of evidence as to what actually occurred. The essence of the Petitioner/Respondent's grievance is alleged at paragraphs 8 and 9 of the Petition:—
"On hearing the bid of $57,000.00 THE OFFICER immediately began to write and at the same time moved in the direction of Mr. Kenneth Monplaisir at a speed well above a normal walking pace. As he walked THE OFFICER said "going once, twice". On saying twice, "THE PETITIONER'S agent held THE OFFICER'S hand and made a bid of $60,000.00 but THE OFFICER continued walking towards Mr. Kenneth Monplaisir without accepting THE PETITIONER'S bid. As THE OFFICER reached Mr. Kenneth Monplaisir to sign the clipboard he was carrying, THE OFFICER then turned and said to THE PETITIONER'S agent "you are too late".
THE PETITIONER states that from the behaviour of THE OFFICER during the last moments of the sale, he precluded himself from receiving any other bids, following that bid of $57,000.00 made by Mr. Kenneth Monplaisir".
It is supported by paragraph 7 of the affidavit of Lawrence Lewis, President of the Company, and repeated in his evidence as follows:—
"when I made mv bid of $45,000 the amount was noted by the Sheriff and approximately 1 minute after that bid Mr. Monplaisir made his bid of $57,000. I was standing immediately beside the Sheriff. I heard the bid of $57,000. The Sheriff proceeded to write in his note book and at that instance proceeded to walk at a rapid rate in Mr. Monplaisir's direction at the same time saying I have a bid of $57,000, going once, going twice. At that time I grabbed his arm and said $60,000. The Sheriff continuing to walk towards Mr. Monplaisir said "going for a third and final time, going, going, gone." He turned around towards me and said "you are too late."
The evidence for sustaining the probity of the sale is contained in the sworn testimony of the Bailiff Arthur Isidore, that of Dr. LaCorbiniere, Optician and justice of the Peace, and that of Kenneth Monplaisir, Barrister-at-Law. Isid ore's evidence reads in part,
"I recorded Mr. Monplaisir's bid and I said "$48,000 offered". Mr. Lewis then said $50,000. I recorded the bid. Mr. Monplaisir then said "$54,000". Mr. Lewis then said "$55,000." Mr. Monplaisir said "$57,000." At that time it was about 5 minutes after 11. At about 10 minutes after 11 no further bids were offered. I then started my count down now in this manner: "$57,000 offered once, $57,000 offered twice, $57,000 offered for the third and final time, going, going, gone." At that stage the property was adjudged to the highest and last bidder Mr. Monplaisir.
"I was moving towards Mr. Monplaisir to obtain his signature. It is a regular practice. After I had taken two (2) steps Mr. Lewis grabbed me and said $60,000. I told him I could not accept his bid as the sale was already closed."
That of Dr. LaCorbiniere reads in answer to the Court:
"I didn't hear the man say who he was bidding for. He told me the person was bidding for a firm. I said, "how can an alien bid at a judicial, interferring with judicial sale without a licence?" Mr. McNamara's reply was, "that can be arranged." We both left the corridor. He went towards his people. The Bailiff said $57,000, once, $57,000 twice; $57,000 third and last time; going, going, gone. Then he started walking towards Mr. Monplaisir. Then the other bidder took 2...
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