Hunkins v Archibald et Al

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 22 January 1977
• Neutral Citation: KN 1977 HC 1
• Docket Number: Misc. 12 of 1975
• Date: 22 January 1977

High Court

Glasgow, J.

Misc. 12 of 1975

Hunkins

and

Archibald et al

Appearances:

C. F. Henville for Plaintiff; with him S. Daniel.

E. Walwyn for Defendants.

Real property - Title.

Facts: Application by the plaintiff for an order tat the caveat presented by the defendant forbidding the registration of any dealings in a certain parcel of land be removed and that the Registrar of Titles register the appellant as proprietor of the lands in accordance with the memorandum of December 1961 was in order. Finding that if the Registrar of Titles had complied with the provisions of section 21 and 23 of the Title of Registration Act whether a reasonable time after the plaintiff had presented the memorandum of transfer to him, a certificate of title would have been issued to him on 24 July 1973. Order made that the plaintiff be considered proprietor of the lands with effect form 24 July 1973. Order made that the caveat be removed since it was presented too late.

Glasgow, J.

1 This is an application by the Plaintiff for an order that the caveat presented on the 3rd day of July, 1975 by the Defendants forbidding the registration of any dealings in all that 40 acres 0 roods 4.8 poles of land being part of Stoney Grove, Nevis of which land Benson Middleton Archibald now deceased is registered proprietor, as recorded in Book 4 Folio 60 of the Register of Titles, Nevis Circuit (dated 23rd April, 1930) be removed and that the Registrar of Titles do register Samuel Hunkins as Registered proprietor of the said land in accordance with the Memorandum of Transfer presented by the said Samuel Hunkins on the 24th day of July, 1973.

2 The facts material to this application are as follows:

3 Benson Middleton Archibald was the registered proprietor of 40 acres 0 roods, 4.8 poles of land situate at Stoney Grove Estate in the island of Nevis (hereinafter referred to as the said land) and registered in Register Book 4 Folio 60 in the Registry of Titles for the Nevis Circuit. On the 15th December, 1961 the said Benson Middleton Archibald executed a Memorandum of Transfer of the said land in favour of the Plaintiff. It is stated in the said Memorandum of Transfer that the said land was transferred as aforesaid in consideration of the sum of $15,000 paid to the said Benson Middleton Archibald by the Plaintiff. On the 26th June, 1972 the said Benson Middleton Archibald died at Basseterre, St. Kitts, and Letters of Administration of his estate were granted on the 27th June,1974 to Dora Archibald and Willis Archibald, the widow and one of...