Alfred Edwards Appellant v [1] Director of AgricultureMinistry of Agriculture Housing and the Environment [2] The Honourable Attorney General Respondents [ECSC]

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: BAPTISTE, J.A. [AG.],Davidson Kelvin Baptiste,Justice of Appeal [Ag.]
• Judgment Date: 17 February 2010
• Judgment citation (vLex): [2010] ECSC J0217-4
• Docket Number: HCVAP 2009/004
• Date: 17 February 2010

Between:

Alfred Edwards

Appellant

and

[1] Director of AgricultureMinistry of Agriculture Housing and the Environment

[2] The Honourable Attorney General

Respondents

[2010] ECSC J0217-4

Before:

The Hon. Mr. Davidson Kelvin Baptiste

Justice Of Appeal [ag.]

HCVAP 2009/004

IN THE COURT OF APPEAL

Appearances by written submissions:

Mr. David S. Brandt for the appellant

Mrs. Sheree Jemmotte-Rodney for the respondents

BAPTISTE, J.A. [AG.]

1 This is an appeal from an order of a master striking out a claim on the ground that it is statute barred having been brought outside the 6 months period prescribed by Section 2 of the Public Authorities Protection Act.

2 The claim was for damages for trespass and possession of land and was filed on 19 ^th September 2006. On 24 ^th July 2008 the claim for possession was discontinued. The master held that the discontinuance of the claim for possession clearly put an end to the issue of trespass and the sole issue outstanding was the defendant's liability for the damage caused to the property and fruit trees and plants of the claimant. The damage was caused on 7 ^th March 2006. This was the day on which the cause of action arose and the date from which time commenced to run for the purpose of the Public Authorities Protection Act and the failure to file the...