Burt v Stevens

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, Q.C. J
• Judgment Date: 02 February 1994
• Neutral Citation: KN 1994 HC 1
• Docket Number: 7 of 1993
• Date: 02 February 1994

High Court

Hylton, Q.C. J.

7 of 1993

Burt

and

Stevens

Butler, Butler & Butler for the plaintiff.

Mrs. Lillian Benjamin-Matthew of Mitcham & Benjamin for defendant.

Real property - Delivery up of possession — Action for possession of land and damages for mesne profits and delivery up of possession by administrator of estate of deceased — Whether estate entitled to possession.

Hylton, Q.C. J

1 delivered the judgment of the court: On 14th January, 1993 the plaintiff caused a Writ to be filed — in his capacity as Administrator of the estate of his late mother Annie Burt — seeking possession of a concrete and wood house and damages or mesne profits and the delivery up of possession.

2 The plaintiff testified that he was the only child of his mother Annie Burt — that though he lived and worked away from St. Kitts — latterly in England from 1958 — he supported and visited his mother regularly. After his mother's death in June, 1987 he was granted Letters of Administration in respect of her Estate on 19th November, 1990.

3 He testified further — that on his last visit in 1985 to his mother prior to her death the defendant was not living in the premises — He said however that Tryphena Douglas his grand-daughter was living in those premises prior to obtaining a low income house for herself in 1987. With regard to the premises the plaintiff testified that his mother built a two-roomed house in 1934 while he was living with her and that he being now 78 years of age first left St. Kitts for St. Thomas, U.S.V.I. in 1944. He testified further that in 1947 he returned to St. Kitts and built on two more rooms in wood to the premises. Having travelled to and worked in the U.S.A. from 1953 to 1956 the plaintiff testified that he next went to England in 1958 and communicated with, visited and sent money to his mother and Tryphena Douglas his granddaughter. The plaintiff testified further that on his mother's death in June 1987 Tryphena Douglas cabled him and he sent her _900 to cover the cost of the funeral. The plaintiff also tendered in evidence the counterfoil of several postal orders that he sent to his mother and Tryphena Douglas but I do not consider it necessary to deal with these.

4 The plaintiff testified further that after visiting his mother in 1985 he next came to St. Kitts in 1990 — met the defendant living in the premises but Tryphena Douglas was not living there. The plaintiff said he asked the defendant what she was doing there that she replied that Tryphena brought her there. He said he told the defendant she would have to pay rent or leave — that she has not paid any rent but still occupies the premises which had been further added to by his mother by the inclusion of a concrete front. The plaintiff having obtained Letters of Administration on 19th November, 1990 in respect of his mother's estate said that his mother owned the premises up to her death.

5 The plaintiff further testified that he caused notice to quit to be served on the defendant but that she continues to occupy premises and does not pay any rent.

6 Yvonne Lawrence testified on behalf of the plaintiff and said that the defendant started living in the premises about one (1) year before the death of plaintiff's mother and she said further “Debbie was there with old lady when Tryphena left” and she said further Tryphena moved in 1986 she move out and live in a Government house”.

7 On 16th February, 1993 the defendant caused a defence in the following terms to be filed:

1

The defendant does not admit paragraphs 1–5 inclusive of the statement of claim. 2. The defendant denies paragraph 6 of the statement of claim and states that she entered into possession of the premises in the year 1983 by the command and authority of Tryphena Douglas...