Richardson & Sandiford v Warner

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 17 February 1969
• Neutral Citation: KN 1969 HC 1
• Docket Number: No. 44 of 1966
• Date: 17 February 1969

The West Indies Associated States High Court.

Glasgow, J.

No. 44 of 1966

Richardson & Sandiford

and

Warner

Appearances:

M. H. Davis, Q.C. and R. L. Kawaja for plaintiffs

C. F. Henville, Q.C. for defendant.

Trespass - Trespass to land.

Facts: Whether the defendant trespassed on to the plaintiff's land. Finding that the defendant pulled down the plaintiff's fence and erected a wall which encroached two inches along the boundary of the plaintiff's land and that this constituted a trespass.

Held: That it would be oppressive to order the defendant to pull down the wall. Damages for the plaintiff assessed at $250.00.

Glasgow, J.

1 This action was commenced in the name of the first plaintiff alone against the defendant. The first plaintiff alleged in her Statement of Claim that she was at all material times in possession of a certain lot of land situate at Nevis Street in the Town of Basseterre in the Island of Saint Christopher and that on or about the 14 ^th November 1966 the defendant and her servant or agent wrongfully entered upon the first plaintiff's said lot of land and broke down and carried away the said plaintiff's wooden fence which had been standing thereon. The first plaintiff further alleged that. on or about the 15 ^th 16 ^th and 17 ^th days of November 1966 the defendant by herself her servants or agents wrongfully entered upon the said plaintiff's said lot of land and erected a concrete block wall upon the southern side of the said plaintiff's said lot of land. The first plaintiff averred that the alleged acts of trespass were committed by the defendant and her servants or agents in spite of the first plaintiff's oral and written protests. The first Plaintiff alleged that she suffered loss and damage by reason of the said alleged acts of trespass. She claimed, in addition to special damages, damages for trespass, and Costs –

• (a) An Injunction to restrain the defendant her servants or agents from trespassing upon the said lot of land,

• (b) A Mandatory Order that the defendant do, forthwith pull down and demolish the concrete block wall erected by the defendant, her servants and/or agents on the southern part of the said plaintiff's said lot of land, and

• (c) Further or other relief.

2 On the 3 ^rd March 1967 the defendant delivered a Defence and Counterclaim. She alleged that the first plaintiff and one George Edward Sandiford are owners as joint tenants of the lot of land in question and are jointly in possession thereof. The defendant denied that she wrongfully entered upon the said land or that the wooden fence referred to in the Statement of Claim is the property of the first plaintiff or that the fence stood upon the first plaintiff's land. She alleged that she and or her servants or agents entered upon the said land with the permission and agreement of the first plaintiff and or the said George Edward Sandiford. The defendant, also denied that the concrete block wall she erected is upon the first plaintiff's land. The defendant stated alternatively that if the said concrete block wall is on the first plaintiff's land, the first plaintiff and or George Edward Sandiford gave the defendant permission to erect the said block wall where it was erected. In paragraph 5 of her Defence the defendant alleged that the said wooden fence and the foundations on which it stood (and on which the concrete block wall was placed) are her property.

3 The defendant's counterclaim against the first plaintiff is for damages and other relief in respect of damage allegedly caused on or about the 14 ^th Novembers 1966 by the first plaintiff to the concrete block wall erected by the defendant.

4 By order of the Court dated the 23 ^rd March 1968 the first plaintiff's application for leave to add the said George Edward Sandiford as a plaintiff in the action was granted.

5 By a conveyance dated the 3 ^rd January 1962 the plaintiffs as, joint tenants, purchased from one Inez Susanah Barker, “All those lands with the two storey building and other erections thereon and the appurtenances thereto situate at Nevis Street in the town of Basseterre in the island of St. Christopher and bounded and measuring as follows,...