Ramsaran v The Attorney General

• Jurisdiction: Saint Kitts and Nevis
• Judge: Robotham, C.J.
• Judgment Date: 09 October 1985
• Neutral Citation: KN 1985 CA 3
• Docket Number: Civil Appeal No. 5 of 1985
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 09 October 1985

Court of Appeal

Robotham, C.J., Bishop, J.A., Moe, J.A.

Civil Appeal No. 5 of 1985

Ramsaran

and

The Attorney General

Appearances

F. Kelsick and C. Wilkin for the appellant

T. Byron for the Attorney General

Real property - Right of alien to own land — Aliens Landholding Act (Cap. 102) — Judge granted declaration under the Act appellant should be forfeited to the Crown — Appeal was made on the grounds that (a) judge's findings were unreasonable in light of the evidence (b) that the judge erred in finding that we had no alternative but to issue declaration (c) the appellant was holding property in trust for her son who was citizen.

Held: (1) section 3 of the Act was clear and mandatory — Aliens could only own land where they had license unless they could bring themselves with the exception outlined in subsection (a) — (e) none of which apply to the appellant (2) Appellant could not make her son a beneficiary of the land since she had not legal right to it in the first instance. To allow this would defeat the purpose of the Act.

Robotham, C.J.

1 The appellant is a citizen of Jamaica by birth, and in December, 1973, was the spouse of a Guyanese national Hans Matadial, who was then Registrar of Titles for the State of St. Christopher and Nevis (heroin-after also referred to as St. Kitts).

2 The marriage is still subsisting and to date neither the appellant, nor her husband are, were, or ever have been registered or naturalised as citizens of St. Christopher and Nevis and there exists at present no legal basis whereby they can become citizens.

3 Both the appellant and her husband resided in St. Kitts for 5 to 6 years during which period, they produced a son Rajendra born on November 30, 1970. Whilst therefore Rajendra became a belonger of St. Christopher and Nevis by virtue of his birth, both the appellant and her husband remained aliens and as such were incapable of holding any land or are mortgage on land within the State of St. Kitts by virtue of section 3 of the Aliens Land Holding Regulation Law Cap 102—(hereinafter referred to as the Act).

4 On December 28, 1973 a registered title was issued to the appellant recorded at Y1 Folio 199 in respect of 2 acres of land being part of Shadwell Estate. This title was signed by her husband as Registrar of Titles. It was not issued to her in her own name, simpliciter, but rather it was issued to “Marjorie Ramsaran Trustee for Rajendra Ramsaran”. This is of importance because as we shall later see, it was the argument of Counsel for the appellant that the Act does not say that an alien cannot hold land in trust for a citizen.

5 Nothing further occurred until April 26, 1976 when the appellant applied in her own name for a licence under section 3 of the Act in respect of 3 ¹/₄ acres of land which included the 2 acres mentioned above. After giving the particulars required by the application, she added

“This application is only for the purpose of holding the lands mentioned in trust for my son who was born on the 30.11.70. I regret that at the time of purchase I did not realise that I required a licence to hold land in for my son……”

6 The record does not clearly disclose by what process the size of the “trust land” was increased from 2 to 3 ¹/₄ acres but suffice it to say the application was refused and no licence was even granted.

7 The next step was on September 44 1981, when the appellant in report of the 2 acres of land comprised in Y1 Folio 199 signed a memorandum of transfer in favour of a citizen “John F.A. Clarke Trustee for Rajendra Ramsaran Matadial”. It was not filed in the Land Registry until December 6, 1982. It remained unregistered, and on May 3, 1983 the Attorney General entered a caveat against the land. This was following by the filing on June 19, 1984 of an originating summons in which the Attorney General sought an order declaring that the title of the appellant to the said 2 acres of land described in the certificate of title was forfeited to the Crown under” and by virtue of section 5 of the Aliens Land Holding Act Cap. 102.

8 On February 21, 1985, Peterkin J. granted the declaration south”; and vested the land in Her Majesty in accordance with section 5 of the Act.

9 The appellant appealed on the ground that it was unreasonable and against the weight of the evidence, and that the Judge erred in finding that he had no alternative but to make the order for forfeiture.

10 Section 3 of the Act provides:–

“Subject to he provisions of this Act, neither land in the State nor a mortgage on land in the State shall after the commencement of this Act be held by an unlicenced alien and any land or mortgage so held shall be forfeited to Her Majesty provided that……”

11 Subsections (a)-(e) provide the exceptions.

12 In my view, nothing could be clearer than the above. It expressly...