Syder v Perkins

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 23 August 1977
• Neutral Citation: KN 1977 HC 11
• Docket Number: 27 of 1975
• Date: 23 August 1977

High Court

Glasgow, J.

27 of 1975

Syder

and

Perkins

Appearances:

C. L. Wilkin for plaintiff.

C. O. Byron for defendant.

Real property - Ownership — The plaintiff sought a declaration that he was the owner in fee simple of a lot of land in question. The defendant's wife also laid claim to the land by reason of inheritance. The plaintiff brought a receipt in evidence to support his claim of purchase. Whether the plaintiff was the rightful owner of the land — That the plaintiff had not proved his case on the evidence and that the receipt was of no assistance to him. Judgment given for the defendant.

Glasgow, J.

1 In his Statement of Claim, as amended, the plaintiff alleges that he is and was at all material times the owner and entitled to possession of a plot of land situate at Barnaby Village, Nevis, containing by admeasurement one-half acre which said land he purchased from Mary Knight (now deceased) on the 24th February, 1960. The plaintiff also alleges that in or about February, 1971, the defendant wrongfully entered and took possession of a portion of the said lot of land and placed a wooden chattel house thereon and has thereafter wrongfully remained in possession thereof and, resided thereon in the said chattel house. The plaintiff alleges that by reason of the matters aforesaid the plaintiff has been deprived of the use and enjoyment of the said portion of the land and has thereby suffered damage. The plaintiff therefore claims -

• 1. A declaration that the plaintiff is entitled as owner in fee simple to the said lot of land comprising one half acre situate at Barnaby Village, Nevis

• 2. Possession of the said land.

• 3. Mesne Profits

• 4. Costs.

2 In his Defence, the defendant denied each of the allegations contained in each of the three paragraphs of the Statement of Claim. The defendant stated that he is the husband of Violet Perkins nee Wallace, to whom he was married on the 16th July, 1957, that he and his wife lived at the home of Blanche Wallace, his wife's grandmother, now deceased, from the date of their marriage until February, 1970. The defendant also stated that the land in question was given to the said Violet Perkins by her grandmother Blanche Wallace in 1969, that there was no Deed of Gift transferring title in the said land to the donee, but that the defendant and his family went into possession of the land with the consent of the said Blanche Wallace in February, 1970 and have remained in possession thereof ever since. The defendant also alleged that the said Blanche Wallace died on the 18th April, 1971 but had been in possession of the said lot of land for more than 30 years prior to her death, having been put in possession thereof by her mother Jane Anne David, the previous owner. In the final paragraph of his Defence the defendant stated that while he was in possession of the said lot of land the plaintiff caused adjacent land purchased by him to be surveyed, that the defendant was present during the survey when the plaintiff pointed out the area to be surveyed, and that no suggestion whatever was made by the plaintiff to the surveyor that the land occupied by the defendant was the property of the plaintiff, nor was the said land included in the survey.

3 In his Reply the plaintiff joined issue with the defendant on his defence denying, among other things, that Jane Anne David was ever the owner of the said lot of land and alleging that Mary Knight was the owner of and in uninterrupted possession of the said lot of land for over thirty years prior to the purchase thereof by the plaintiff.

4 The material facts of this case,...