Robinson v Stevens et Al

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 13 December 1993
• Neutral Citation: KN 1993 HC 33
• Docket Number: No. 129 of 1988
• Date: 13 December 1993

High Court

Hylton, J.

No. 129 of 1988

Robinson

and

Stevens et al

Appearances:

Butler, Butler & Butler for the plaintiff

Dr. Henry L. Browne for the defendants

Real property - Recovery of possession — Plaintiff is owner of house under transfer to her by Cyril Samuel, former owner — Possession to be delivered to plaintiff — Mesne profits.

Hylton, J.

1 By a Writ with Statement of Claim endorsed therein the plaintiff on 17 ^th October, 1988 sought to obtain from the first defendant possession of a concrete and wooden house situate at Neverson Street East in the Town of Basseterre and also damages or mesne profits.

2 On 9 ^th October, 1992 the plaintiff obtained leave to add Joseph Richardson as a defendant and the Writ as amended was filed on 27 ^th October, 1992.

3 The issue came on for trial on 6 ^th December, 1993 and the plaintiff and Cyril Samuel gave evidence on behalf of the plaintiff and the two defendants testified on their own behalf.

4 The evidence of the plaintiff and her witness which I accept to be true on a balance of probabilities is that:–

• (1) Cyril Samuel owned and occupied up to 1962 when he migrated to England a wood and concrete house of five (5) rooms at Neverson Street East.

• (2) That by virtue of a Bill of Sale by way of Mortgage dated 25 ^th March, 1961 the said Cyril Samuel mortgaged the property to David Adolphus Charles for $660.00 (See Exhibit C.S.1) and that this was repaid by Cyril Samuel in two installments of $640 and $20 (Exhibits C.S.2 and 3).

• (3) That by Deed dated 17 ^th May, 1962 (Exhibit C.S.4) the said Cyril Samuel mortgaged by way of Bill of Sale the said premises to the said David Adolphus Charles for $1,250 repayable on 30 ^th November, 1962 and an endorsement at the back of the said Deed Exhibit C.S.4 allegedly signed by D.A. Charles suggests that this loan was repaid in full.

• (4) That even though the first mortgage was repaid in full the mortgage document was retained by David A. Charles though the second Deed endorsed as aforesaid was returned.

• (5) That Cyril Samuel migrated to England in 1962 and left David Adolphus Charles as his agent in respect of the said property.

• (6) That up to and including the year 1971 David Adolphus Charles acknowledged Cyril Samuel as owner of the property and suggested that if he David A. Charles held a power of attorney from Cyril Samuel he would be able to sue a recalcitrant tenant of the premises. Exhibit C.S.S is reproduced here below:–

  “Fort Street,

  Basseterre, St. Kitts,

  P.O. Box 162.

  28th June, 1971.

  Dear Mr. Samuel,

  I received your letter of March 13 ^th I assumed that it must have been due to the strike why the letter was delayed. Nevertheless, it is now in hand. As you were informed before, the man Carey Dawling went swap owing over $200.00. If however, I was in Possession of “Power of Attorney” from you, I might have been able to stop him before he left the Island. Any how that would not make him any better, because I heard that he is in a bad way in Trinidad.

  Any how I have been able to get a woman to occupy the place sometime in May last year at $36.00 per month, I collected around $432,00 from which I have paid House and land tax and Water Rates for 3 Installment to 30 ^th June 1971. I am Sending you a Check for $384.00 which is £80.00 — now that you have decided to Sell the Property, Please give me some information as to how you come by the first land which was given in exchange for the Present lot. So that I can discuss it clearly with “The Central Housing Authority”, as they are very particular about this matter now.

  So if everything is favourable, I can send you the money for the Property through Midland Bank which would be no problem. Believe it or not up to today's date, I went to the house and found the room still closed with an old lamp and an old mirror, with the room in a miserable condition with the window sills all rotted, and sashes shattered. Evon is still here and I asked her to remove the balance of the things. Since you left the Island I have never seen pour brother in law at any time. The tenant have to cook in the dining room, as it is not convenient to go in to the Kitchen. Bath, Kitchen Toilet have to be added to the house to make it more Convenient.

  Kind regards From Mary and Myself To you and Wife.

  Yours Truly

  D.A. Charles”

• (7) That the said David A. Charles sent rent for the property to Cyril Samuel on and off.

5 I find further:–

• (1) That in or about the year 1986 the said David Adolphus Charles offered the property to the plaintiff for sale and also offered the property for Sale to the first defendant and purported by Deed dated 24 ^th January, 1987 and filed 29 ^th January, 1987 to convey the said property to the second defendant and purported, further to use the mortgage Deed of 25 ^th March, 1961 as his root of title.

• (2) That in 1986 the said Cyril Samuel, became aware that the said David Adolphus Charles was purporting to sell the property and by letter of 27 ^th November, 1986 he communicated with the plaintiff by letter appointing her as his representative for the property and by a Telex showing Skantel date of 30 ^th November, 1986 again so appointed the plaintiff (Exhibits C.S.6 & 7).

• (3) That subsequent to this and on 21 ^st August, 1987 Cyril Samuel sold the property to the plaintiff as is evidenced by Deed dated 21 ^st August, 1987 and filed 7 ^th October, 1987.

• (4) That by letter of 15 ^th December, 1987 Solicitor for the plaintiff notified the first defendant that the plaintiff had purchased the premises from Cyril Samuel, that the plaintiff was the owner of the house and requesting her the first defendant to vacate the premises by 31 ^st December, 1987 (Exhibit Y.R.2):–

  “December 15, 1987

  Dear Madam:

  We have been instructed by Miss Yvonne Robinson to inform you that she purchased the wooden and concrete house situate at Neverson Street East Basseterre and which you now occupy, from Mr. Cyril Samuel.

  Miss Robinson is now the new owner of the said house and premises and you are therefore required to quit and vacate the said house and premises on or before the 31 ^st day of...