Hunkins v Archibald

• Jurisdiction: Saint Kitts and Nevis
• Judge: Peterkin, J.A.
• Judgment Date: 01 April 1977
• Neutral Citation: KN 1977 CA 2
• Docket Number: Civil Appeal No. 2 of 1977
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 01 April 1977

Court of Appeal

St. Bernard, C.J. (Ag.); Peterkin, J.; Renwick, J. (Ag.)

Civil Appeal No. 2 of 1977

Hunkins

and

Archibald

Appearances:

F. Kelsick for Appellant, E. Walwyn with him.

F. Henville for Respondent, S. Daniel with him.

Real property - Land — Title (Transfer)

Facts:An appeal under section 163 of the Title by Registration Act brought by way of claim by the Administrator of the estate of the deceased (the appellant) against a judgment allowing a summons in chambers and granting an order that the caveat presented in the matter by the appellants be removed. Whether the trial judge was wrong in maturing the order.

Held:That there was evidence on which the judge could have arrived at his finding. By reason of the fact that the trial judge found the memorandum of transfer of the land to be in order the caveat would have to be removed. The court also held that it is never too late to put in a caveat until a memorandum is actually registered thereby overruling that part of the trial judge's decision.

Peterkin, J.A.

1 This is an appeal under Section 163 of the Title by Registration Act brought by way of claim by Dora Archibald and Willis Archibald, Administrators of the Estate of Benson Middleton Archibald, deceased, against the judgment of Glasgow, J. allowing a summons in chambers and granting an order that the caveat presented in this matter on 3rd July, 1975, by the Appellants be removed.

2 Briefly, the circumstances are that the late Benson Middleton Archibald was the registered proprietor of approximately 40 acres of land situate at Stoney Grove Estate, Nevis, and registered in the Register Book 4 Folio 60 in the Registry of Titles for the Nevis Circuit. On 15/12/61 it is alleged that he executed a memorandum of transfer of this land in favour of the Respondent Samuel Hunkins. It is stated in the memorandum' of transfer that the land was transferred in consideration of the sum of $15,000 paid to Middleton Archibald by Samuel Hunkins. On 26th June, 1972, Benson Middleton Archibald died at Basseterre, St. Kitts, and letters of administration of his Estate were granted on 27th June, 1974, to the appellants, who on 3rd July, 1974, presented to the Registrar of Titles a caveat forbidding the registration of any dealings with the land in question. Previous to this, the Respondent had on 24th July, 1973, presented the memorandum of transfer of the said land to the Registrar of Titles for the island of...