Rita Joseph Olivetti Claimant v Hugh Dolland Valerie Parris (Personal Representative of the Estate of Linda Grant, deceased) Defendants [ECSC]

• Jurisdiction: Grenada
• Judge: PRICE FINDLAY, J.
• Judgment Date: 02 February 2010
• Judgment citation (vLex): [2010] ECSC J0202-3
• Docket Number: CLAIM NO. GDAHCV2008/0479
• Date: 02 February 2010
• Court: High Court (Grenada)

[2010] ECSC J0202-3

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

HIGH COURT OF JUSTICE

(CIVIL)

CLAIM NO. GDAHCV2008/0479

Between:

Rita Joseph Olivetti

Claimant

and

Hugh Dolland

Valerie Parris

(Personal Representative of the Estate of Linda Grant, deceased)

Defendants

Appearances:

Mrs. C. Edwards, Q.C, with her Ms. S. Khan for the Claimant

Ms. D. Forrester and Ms. D. Marquez for the Defendants

PRICE FINDLAY, J.

1 By way of Fixed Date Claim Form filed on the 24^th September 2008, the Claimant claimed against the Defendants the following relief:

• 1. For an account of all monies received by the firm Grant Joseph & Co. on behalf of the partners during the period 1^st January 1997 to 28^th February 2006.

• 2. For an account of all monies drawn down by M. Linda Grant deceased and/or her estate during the period 1997 to 28^th February 2006.

• 3. For an order for payment to the Claimant of such monies found to be due from the Defendants to the Claimant as a partner on the taking of such accounts.

• 4. For interest on all sums found to be due and owing at the going commercial rate and for such period as the Court shall think fit pursuant to s.27 of the West Indies Associated States Supreme Court Act Cap. 336.

• 5. Costs.

2 This was supported by the Claimant's affidavit of even date.

3 The Defendants filed an Acknowledgment of Service on the 23^rd day of December 2008.

4 By Notice of Application filed on the 22^nd January 2009 the Defendants applied to the Court to strike out the Statement of Claim. The grounds of the application were that:—

• (a) The alleged debt did not arise within six (6) years before the start of this action and therefore the alleged debt was and is barred by s.40 of the Limitations of Actions Act Cap. 336 of the 1990 Revised Laws of Grenada.

• (b) The partnership existing between the late Marie Linda Grant and the Claimant in the firm of Grant Joseph & Co. terminated upon the appointment of the Claimant as a High Court Judge of the Eastern Caribbean Supreme Court in the year 2001.

• (c) The Claimant's right to sue Marie Linda Grant for monies owing to her commenced on the termination of the partnership.

• (d) The claim herein was commenced on the 24^th September 2008, that is, some seven (7) years after the cause of action arose and after the statutory limitation period and therefore is statute barred on the face of the claim.

5 The application was heard on the 22^nd April 2009 by Michel, J. (Ag), as he then was, and the learned trial judge dismissed the application to strike out the Statement of Claim and ruled as follows:

• (i) That the Eastern Caribbean Supreme Court Judicial Code of Conduct for Judges was not legally binding;

• (ii) That the earliest act of termination of the partnership took place in the year 2003 as deposed to in para 9 of the affidavit in support of the claim; and

• (iii) The partnership was terminated by the death of Linda Grant.

6 The Defendants filed an Application for leave to appeal the decision of Michel, J....