Mary President Plaintiff/Appellant v Louisa Lewis Defendant/Respondent [ECSC]

CourtEastern Caribbean Supreme Court
Docket NumberCivil Appeal No. 1 of 1972
JudgeLEWIS, C.J. (Ag.), ST. BERNARD, J.A., BISHOP, J.A. (Ag.)
Judgment Date03 Sep 1972
JurisdictionCaribbean States
Neutral Citation[1972] ECSC J0903-1
[1972] ECSC J0903-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Bishop (Ag.)

Civil Appeal No. 1 of 1972

Between:
Mary President
Plaintiff/Appellant
and
Louisa Lewis
Defendant/Respondent

J. Raynold for Appellant

Primrose A. Belman for Respondent

LEWIS, C.J. (Ag.)
1

This is an appeal from the judgment of Mr. Justice Peterkin dated May 31, 1972 in which he made an order dismissing the plaintiff/appellant's claim for possession of certain premises situate at Anse-La-Raye.

2

The plaintiff/appellant in her declaration averred that she was the owner of a lot of land with a dwelling house thereon situate at Mole Street in the village of Anse-La-Raye and that she obtained this property from one Francillia Francis on August 12, 1968, by a deed of sale which is registered in Vol. 108, No. 88649.

3

The other material allegation in the declaration is that the defendant/respondent is in wrongful possession of the said lot of land not withstanding that a notice to quit was served on her to give up possession of the said land not later than May 1, 1970. The defence admitted that the plaintiff/appellant was the holder of a deed of sale for the said land, but denied that it conferred any title to the land on the plaintiff/appellant for the following reasons: (a) "The defendant/respondent acquired the land by prescriptive title having been in uninterrupted peaceable, public and unequivocal possession of the same as proprietor for over 30 years, and (b) the plaintiff's vendor, Francillia Francis falsely declared in the document by which the said vendor claimed to derive title that she the vendor was solely entitled to the said property."

4

It is admitted that the plaintiff/appellant purchased the property in question from one Francillia Francis who claimed it through her brother Herrance Francis. He had purchased it in the year 1924 from Gabriel Michel Staney. Two days before the sale to the plaintiff/appellant, Francillia Francis made a declaration of the immoveable property passing on the death of her brother Herrance Francis that he had died intestate on or about the 15th June, 1951 leaving her as his heir-at-law and that his succession devolved upon her. After the appellant had purchased the property she informed the respondent of the fact that she was the purchaser, and gave her notice to quit.

5

The appellant's vendor Francillia Francis is now dead so her evidence is not available. The appellant in her evidence stated that...

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