Samuel Hunkins Plaintiff/Respondent v Dora Archibald and Willis Archibald Administrators of the Estate of Benson Middleton Archibald, deceased Defendants/Appellants [ECSC]

• Jurisdiction: Saint Kitts and Nevis
• Judge: Peterkin, J.A.,AG. CHIEF JUSTICE
• Judgment Date: 01 April 1977
• Judgment citation (vLex): [1977] ECSC J0401-1
• Docket Number: CIVIL APPEAL NO. 2 of 1977
• Date: 01 April 1977
• Court: Court of Appeal (Saint Kitts and Nevis)

[1977] ECSC J0401-1

IN THE COURT OF APPEAL

Before:

The Hon. Mr. Justice St. Bernard Ag. Chief Justice

The Honourable Mr. Justice Peterkin

The Honourable Mr. Justice Renwick— Acting

CIVIL APPEAL NO. 2 of 1977

Between:

Samuel Hunkins

Plaintiff/Respondent

and

Dora Archibald and Willis Archibald Administrators of the Estate of Benson Middleton Archibald, deceased

Defendants/Appellants

Appearances:

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

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

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 Polio 60 in the Registry of Titles for the Nevis Circuit. On 15/12/61 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 Benson 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 Nevis for registration. No certificate of title had however been issued by him.

3 On 12th November, 1975, a summons was taken out on behalf of the Respondent for an order that the caveat presented on the 3rd July, 1974, by the Appellants be removed. The summons was supported by the affidavit of Samuel Hunkins. Five affidavits were filed on behalf of the Appellants in opposition.

4 The ground of appeal is that the trial judge, without hearing any facts from Samuel Hunkins or Dora Archibald and/or Willis...