Syder v Perkins

• Jurisdiction: Saint Kitts and Nevis
• Judge: Davis, C.J.
• Judgment Date: 28 November 1977
• Neutral Citation: KN 1977 CA 5
• Docket Number: Civil Appeal No. 8 of 1977
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 28 November 1977

Court of Appeal

Davis, C.J.; Peterkin J.A.; Hewlett, J.A.

Civil Appeal No. 8 of 1977

Syder

and

Perkins

Appearances:

C. Wilkin for Plaintiff/Appellant.

Mr. C. Byron for Defendant/Respondent.

Real property - Ownership

Facts: An appeal against a judgment in which a declaration that the plaintiff was the owner of the land in question was refused. The plaintiff alleged that he had purchased the land. Whether the judge's finding was against the weight of the evidence. Finding that there was evidence in favour of the defendant. That there was no reason to disturb the judge's findings since they were not unreasonable. Appeal Dismissed.

Davis, C.J.

1 This Appeal arises out of the Judgment of Glasgow, J., dated the 23rd August, 1977 in which he dismissed the Plaintiff's claim with costs to Le taxed. Counsel for the Appellant has criticised the judgment and in some respects perhaps those criticisms are justified but an Appeal does not lie against the reasons given for a Judgment, it lies against the Judgment itself and if there is evidence on the record to support the Judgment then an Appeal cannot succeed.

2 The Plaintiff's claim was for a declaration that the Plaintiff is entitled as owner in fee simple to a lot of land comprising one half acre situate at Barnaby Village, Nevis, and an order for possession of the said lot of land and also a claim for mesne profits. The facts to support the Plaintiff's claim were given by the Plaintiff himself and I think three other witnesses. The Plaintiff's testimony is to the effect that he bought a piece of land from one Mary Knight by sending the money from England to one Olive Chiverton and that she later sent him a receipt or delivered a receipt to him showing that the money was duly paid, “$250.00 for a half acre of land at “Benniebay Estate””, is what the receipt says, so that he is claiming possession of a lot of land by virtue of purchase from Mary Knight.

3 As I said, he was in England at the time of the purchase. When he returned, according to him he saw the land, he saw certain marks which he has described as bounds, then he returned to England and he left one Mary Collins or her husband to look after the land —to clean it —but until he finally returned to Nevis he never went into possession of the land. When he finally returned he found the Defendant occupying the upper portion of the land. He then spoke to them about it and according to his testimony he showed...