George v Sabga

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Phillips, J.A.
• Judgment Date: 16 October 1968
• Neutral Citation: TT 1968 CA 88
• Docket Number: P.C.C. App., No. 30 of 1967
• Date: 16 October 1968

Court of Appeal

Wooding, C.J.; Phillips, J.A.; Fraser, J.A

P.C.C. App., No. 30 of 1967

George

and

Sabga

Appearances:

Mr. H. Debi for the appellant.

Mr. A. Lucas for the respondent

Tort - Damages — Negligence

Phillips, J.A.

1 In the case the judge of the Petty Civil Court without calling upon the respondent, dismissed the claim of the appellant for damages which were alleged to have been caused to her by the falling of a true which belonged to the respondent. Now, it has been submitted that there was no proper evidence before the court which showed that the tree was property of the respondent. We are unable to agree with that submission. It was proved quite clearly by the evidence of the agent of the premises, one Stanley Solomon, that the defendant-respondent was the owner of the tree at 36 St. Joseph Road, Port of Spain. It is true that he also said that the tree was “between Mr. Ramlal's property 38 and 36 St. Joseph Road”, but it was quite clear he was saying that the true was in the yard or...