Edwards v Director of Agriculture (ministry of Agriculture Housing and the Environment) and Attorney General

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Baptiste, J.A.
• Judgment Date: 17 February 2010
• Neutral Citation: MS 2010 CA 1
• Docket Number: Civil Appeal No. 4 of 2009
• Date: 17 February 2010

Edwards

and

Director of Agriculture (ministry of Agriculture Housing and the Environment) and Attorney General

Baptiste, J.A. (Ag.)

Civil Appeal No. 4 of 2009

Court of Appeal

Real property - Possession — Discontinuation of claim — Claim statute-barred.

Appearances by written submissions:

Mr. David S. Brandt for the appellant

Mrs. Sheree Jemmotte-Rodney for the respondents

1 Baptiste, J.A. [AG.]: 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 claim within the 6 months stipulated was...