Stephens v Edwards

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 09 August 1968
• Neutral Citation: KN 1968 HC 4
• Docket Number: No. 30 of 1966
• Date: 09 August 1968

The West Indies Associated States High Court.

Glasgow, J.

No. 30 of 1966

Stephens

and

Edwards

Appearances:

C. F. Henville for plaintiff

F. C. Adams and R. L. Kawaja for defendants.

Real property - Recovery of possession

Glasgow, J.

1 The plaintiff claims

• (a) a declaration that he is entitled to the freehold property and premises situate at Durant Avenue in the town of Basseterre in the Island of Saint Christopher and known as No. 15 Durant Avenue;

• (b) Possession of the said premises;

• (c) Recovery of $920 for mesne profits at the rate of $20 per month for 46 months from 1 ^st December 1962 and mesne profits at the rate of $20 per month from the date of the writ herein to judgment or possession,

2 By their defence the defendants plead among other things, that they are in possession of the land and buildings known as No. 15 Durant Avenue, Basseterre.

3 Order 21, rule 21 of the Rules of the Supreme Court reads as follows:

“No defendant in an action for the recovery of land who is in possession by himself or his tenant need plead his title, unless he is in possession by virtue of a lease or tenancy granted by the plaintiff or his predecessor in title or his defence depends on an equitable estate or right or he claims relief upon any equitable ground against any right or title asserted by the plaintiff. But, except in the cases hereinbefore mentioned it shall be sufficient to state by way of defence that he is so in possession, and it shall be taken to be implied in such statement that he denies, or does not admit the allegations of fact contained in the plaintiffs statement of claim. He may nevertheless rely upon any ground of defence which he can prove except as hereinbefore mentioned”.

4 Among the allegations of fact contained in the plaintiffs Statement of Claim and denied by the Defendants was the allegation contained in paragraph 3 of the Plaintiff's Statement of Claim, which reads as follows: “3. On or before the 8 ^th day of May 1956 Diana Georges was wised in fee simple in possession of the freehold property and premises situate, at No. 15 Durant Avenue in the town of Basseterre in the Island of Saint Christopher”.

5 The facts, as I found them, are as follows: Diana Georges (hereinafter called the deceased) in her lifetime a single woman of Basseterre, went to live at No. 15 Durant Avenue, Basseterre, in or about the year 1925 taking with her, her daughter the first Defendant (then about 12 years old), another daughter Marie, also called Marie (the Plaintiff's mother) and a son Cedric. Shortly afterwards the deceased's daughter, Marie went to live elsewhere. In 1925 Marie gave birth to a son, the plaintiff. Marie died prior to the year 1928. In 1928 the plaintiff went to live at No, 15 Durant Avenue with his grandmother the deceased.

6 In 1947 the plaintiff went to work in Curacao. While there he used to send money to the deceased from time to time. He also used to correspond with the deceased and his aunt the first Defendant.

7 The Plaintiff used to spend two months vacation in St. Kitts every four years during the time he worked in Curacao. On 8 ^th May 1956 while the plaintiff was on vacation in St. Kitts, the deceased for the price of one dollar and in the consideration of the natural love and affection which she bore towards him, conveyed unto the plaintiff and his heirs:

“ALL that lot piece or parcel of land situate at Durant Avenue in the town of Basseterre in the island of Saint Christopher aforesaid and bounded and measuring as follows, that is to say: On the North by Crown lands 49 feet 8 inches on the South by Crown lands 54 feet 2 inches on the East by lands of Henrietta Frederick 20...