Netta Martin Respondent/Claimant v Patrick Greaves Applicant/Defendant [ECSC]

• Jurisdiction: Grenada
• Judge: Cumberbatch, J.
• Judgment Date: 04 April 2008
• Judgment citation (vLex): [2008] ECSC J0404-2
• Court: High Court (Grenada)
• Docket Number: CLAIM NO. GDAHCV2000/0686
• Date: 04 April 2008

[2008] ECSC J0404-2

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

HIGH COURT OF JUSTICE

(CIVIL)

CLAIM NO. GDAHCV2000/0686

Between:

Netta Martin

Respondent/Claimant

and

Patrick Greaves

Applicant/Defendant

Appearances:

Mr. Gregory Delzin, with Mrs. Emmanuel-Steele, for the Claimant

Mr. James Bristol for the Defendant

Cumberbatch, J.

1 The Respondent by a writ of summons dated the 28 ^th December 2000, commenced proceedings against the Applicant for the following:

(a) a declaration that the Applicant/Respondent was not entitled to enter or cross a lot of land situate at Mt. Moritz in the parish of St. George's,

(b) an injunction restraining the Applicant/Claimant, by himself his servants and/or agents from doing so,

(c) damages for trespass.

2 An injunction was granted by St. Paul, J. on the 13 ^th January, 2003 in the following terms:

"1. That the Respondent, by himself his servants and or agents be and is hereby restrained from entering, remaining on or in any way interfering with the lands of the Applicant measuring 10,000 sq. ft. situate at Mt. Moritz in the parish of Saint George in the State of Grenada and abutted and bounded on one side by lands of Alpha Seales on a second side by the public road and on the third and fourth sides by lands of the Estate of Edna Wimbish until the hearing and determination of the Applicant's notice to continue the injunction or until further order.

2. That the Respondent, by himself his servants, and or agents be and is hereby restrained from doing or carrying on any works and/or surveys, ploughing, excavating, erecting any house or dwelling on the land and doing any other works on the said lands until the hearing and determination of the Applicant's notice to continue the injunction or until further order."

3 The substantive action was heard and determined by Benjamin, J. who in a reasoned judgment dated the 26 ^th March 2005 awarded to the Respondent/Claimant damages in the sum of $8,600.00 for trespass together with costs in the sum of $2,500.00. The learned trial judge also found that the Respondent/Claimant was not entitled to the declaration sought and the injunctive relief claimed.

4 On the 5 ^th December, 2007 the applicant filed an application seeking the following orders:

"The Defendant herein, applies to the court for an order that an inquiry be made as to the damages sustained by the Defendant by reason of an injunction granted by the Court on the 19 ^th day of December 2002, according to the undertaking of the Claimant contained in the said Order and for interest thereon pursuant to section 27 of the Supreme Court Act."

5 The grounds for the application are that by the judgment of Benjamin, J. aforesaid the Court ruled that the respondent was not entitled to the injunctive relief claimed. In an affidavit in support of the said application the applicant deposed as follows:

• "1. I am the Defendant herein and I make this affidavit in support of an application for an order that an inquiry be made as to the damages sustained by reason of an injunction granted by the Court on the 19 ^th day of December 2002, according to the undertaking of the Claimant contained in the said Order.

• 2. The matters set out below are within my personal knowledge and are true except where I indicate to the contrary, in which case they are true to the best of my knowledge, information and belief.

• 3. The Claimant herein filed a Writ of Summons on December 28 ^th 2000 in respect of a claim in trespass and by way of an Amended Statement of Claim sought additional relief in the form of a declaration of the Court that she was the owner in possession of a lot of land situate at Mount Moritz in the parish of Saint George in the State of Grenada. There is now produced and shown to me and marked "PG1" and exhibited hereto in a bundle true copies of the said Writ of Summons and Amended Statement of Claim.

• 4. On December 19 ^th 2002, the Claimant was granted an Ex Parte Injunction having given an undertaking for damages. There is now produced and shown to me and marked "PG2" and exhibited hereto a true copy of the Order granting the said Injunction.

• 5. The decision of the Court, given on April 26 ^th 2005 by His Lordship Justice Kenneth A. Benjamin, was that the Claimant was not entitled to any of the declarations sought or to injunctive relief as claimed. There is now produced and shown to me and marked "PG3" and exhibited hereto a true copy of the said judgment of the Court.

• 6. On June 1 ^st 2005, the Claimant filed a Notice of Appeal in respect of the aforementioned decision of the Court. The said Appeal was designated as Civil Appeal Number 5 of 2005. There is now produced and shown to me and marked "PG4" and exhibited hereto a true copy of the said Notice of Appeal.

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