Carty v Carty

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, J.
• Judgment Date: 01 November 1983
• Neutral Citation: AI 1983 HC 2
• Docket Number: Civil Suit no. 27 of 1977
• Date: 01 November 1983

High Court

Joseph, J.

Civil Suit no. 27 of 1977

Carty

and

Carty

Appearances:

Dr. W. Herbert for Appellant.

Mr. I. Mitchell for Respondent.

Real property - Title — Possession —

Facts:

This was an appeal made under section 24 of the Land Adjudication Ordinance 1974 against the decision of the Adjudication Officer in which it was decided that the title to the disputed land was vested in the personal representative of the estate of the respondent. The court then found that the appellant was the illegitimate son of the respondent; that there were two distinct parcel of land A and B. That the A land was divided between the lawful children of the respondent, and that the appellant did not attempt to claim possession of the B land, and that this land remained the property of the respondent —

Held:

Title to B land would be vested in the personal representative of the respondent. Appeal dismissed. Decision of Adjudication Officer confirmed.

Joseph, J.

1 This is an appeal, under Section 24 of the Land Adjudication Ordinance 1974 (No. 2 of 1974) as amended, from the decision of the Land Adjudication Officer dated 15th June 1976, in which he held that the title to the bush land at Pondside, Anguilla is vested in the Personal Representative of the Estate of Charles Cummins Carty.

2 Dr. Herbert in opening the case of the appellant referred to the last two paragraphs of the decision of the Adjudication Officer, which reads as follows:–

“My decision is that Joseph Alexander Carty is the absolute owner of the grey ground land. I confirm that the title to the bush land is vested in the Personal Representative of the estate of Charles Cummins Carty who must administer the remainder of the lands under the terms of the last Will and Testament of Charles Cummins Carty.

The Southern boundary of grey ground shall be shown as undemarcated on the Index Plan and a restriction shall be placed on the adjudication records that no subdivision ajacent to the undemarcated boundary until fixed to the satisfaction of the Registrar of Lands”.

3 Dr. Herbert submitted that the appellant agreed with the first part of the decision, that is, that Joseph. A. Carty is absolute owner of the grey ground land, but disagreed with the remainder of the decision.

4 The case for the appellant is that –

5 Lewis Carty is the son of Joseph Alexander Carty and the executor of his father's estate. Louisa Gumbs is his father's sister.

6 The land situate at Pondside Cauls Pond is one piece of land comprising grey ground, that is, land that can be cultivated and bush land.

7 Joseph Carty with the help of his children worked the land which was about six acres. They tied animals in the bush land and cultivated the grey ground, and up to the date of hearing of this appeal, the appellant had animals on the land and was awaiting the rain to plant.

8 The case for the respondent is that –

9 Louisa Gumbs is the Administratrix with Will annexed of Charles Cummins Carty and also administratrix of the estate of his son Ernest Alfred Carty. She knows the grey ground and the bush land as she worked the land with her father Charles Cummins Carty, Pondside land was the Property of Charles Cummins Carty who left it in his will for his lawful children.

10 I find the following facts:–

11 The disputed land is a portion of land known as Pondside...