Stevens v Brazier

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis, C.J.
• Judgment Date: 25 October 1973
• Neutral Citation: KN 1973 CA 1
• Docket Number: Civ. Appeal No. 3 of 1973
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 25 October 1973

Court of Appeal

Lewis, C.J. Peterkin, J.A. Renwick, J.A.

Civ. Appeal No. 3 of 1973

Stevens

and

Brazier

C.F. Henville and F.E. Kelsick for Appellant

E.E. Walwyn for Respondent

Practice and procedure - Appeal — Whether a document was an absolute transfer of ownership or a mortgage — Examination of the document — Intention of the parties — Document was intended to be a mortgage.

1 Cecil Lewis, C.J. (Ag.) The substantial point which arises in this appeal is whether a document to which reference will later be made was intended to operate as an absolute transfer of the ownership of a vessel named the “Sakara” to the appellant as he contends, or whether it was intended to operate merely as a mortgage of the said vessel.

2 The maker of the document was one Beatrice Archibald. The trial judge found that the “Sakara” was the sole property of Beatrice Archibald during her husband's lifetime and consequently was never included in his estate. Beatrice Archibald was the wife of Henry Archibald who died on February 28 1960. During his lifetime he operated the vessel on his wife's behalf but after his death she did so herself, with the assistance of one Fred Weekes who was the captain of the vessel. During the years 1965 to 1967 Beatrice Archibald employed a boat builder named Ralph Harris to carry out repairs to her vessel. In 1968 the vessel was in need of further repairs and Mrs. Archibald sent for Harris and instructed him to carry out the necessary repairs.

3 During the second week in which the repairs were in Progress Ralph Harris went to Mrs. Archibald's home for payment. She told him that she wanted the repairs to be discontinued for the time being and he accordingly stopped work on the boat. It was at this stage that the appellant entered the picture. According to Ralph Harris the appellant came to him and asked him to give him an estimate of the cost of repairing the “Sakara.” He told the appellant it would cost $3,000 to affect the repairs and the appellant instructed him to resume work on the boat. The labour alone cost $1,500 and this sum Ralph Harris said was paid to him. The appellant said he paid the labour costs every week and bought materials, so it is reasonable to infer that all the expenditure on the boat was met by the appellant. Indeed, there is no dispute about this, and Geraldine Hendrickson a sister of Beatrice Archibald puts this expenditure at 2,793 which she says is the amount mentioned by the appellant although he himself does not quantify the expenditure in his evidence.

4 He explanation as to how the appellant came to be associated with the repairs of the “Sakara” is given by the appellant himself and his evidence on this issue is un-contradicted. He said:

“It is true that in 1968 I asked Harris for an estimate of the cost of repairing the Sakara. I did so because Mrs. Archibald sent to call me and said to me that she was unable financially to continue the repairs of the Sakara. She wished me to own the boat. It was upon that that I went to Harris to get an estimate as to what it would cost to put the lighter back into working condition. Harris gave me an estimate. I instructed him to go on with the repairs to the boat. I paid the labour costs every week and I bought the materials. I returned to Mrs. Archibald and she told me to pay the outstanding debts on the boat and she would let me have it in consideration of $2,500.00.”

5 The repairs to the Sakara were completed on January 9, 1969. On the afternoon of March 11, 1969, the appellant took the document which is the subject matter of this appeal to Mrs. Archibald's shop for her signature. Present at the shop at the time were Nathaniel Smith, Dennis Wade and Samuel Jones. The two latter named persons are witness to the document, Exhibit S.J. 1 which reads as follows:–

“I Beatrice Archibald, widow residing in Charlestown in the Island of Nevis, in consideration of his agreement to take over responsibility for all debts owed by me for repairs to and fittings for the lighter “Sakara” amounting to two thousand five hundred dollars (E.C. Currency) approximately, do hereby give and surrender to Ivor Algernon Stevens of Charlestown in the Island of Nevis all my interest in the said lighter “Sakara” and do hereby transfer the ownership of the said lighter to the said Ivor Algernon Stevens with effects from the first day of January in the year of Our Lord one thousand nine and sixty-nine.

In witness whereof I the said...