Gumbs v Lake et Al

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, Monica J.
• Judgment Date: 07 June 1985
• Neutral Citation: AI 1985 HC 4
• Docket Number: Civil Suit no. 17 of 1975
• Date: 07 June 1985

High Court

Joseph, J.

Civil Suit no. 17 of 1975

Gumbs

and

Lake et al

Appearances:

Miss M. Welwyn for Appellant.

Mr. J. Benjamin for respondents.

Real property - Ownership — Claim based on adverse possession —

Held:

This was an appeal under section 24 of the Land Adjudication Ordinance 1974 from the decision of the Land Adjudication Officer in which he held that the land in dispute was owned by the respondents. The case for the appellant was that the disputed land was owned by her grandfathers and that after his death, her mother and father were in occupation. Whether the appellant could claim by virtue of adverse possession —

Neither the appellant nor her sister was exclusively in possession of the property as they both cultivated the property and therefore the question of adverse possession did not arise. Appeal allowed in part. Decision of the Adjudication Officer set aside and order made that the disputed property be registered in the personal representative of the estate of Marie Carty.

Joseph, Monica J.

1 This is an appeal under Section 24 of the land Adjudication Ordinance, 1974 (No. 2 of 1974) from the decision of the Land Adjudication Officer dated 1st August 1975 in which he held that Evangeline Lake, Alicia Robbins and Eunice Carty were entitled to the land in dispute. I heard the appeal as a new trial, giving the parties the opportunity to call witnesses.

2 The case for the appellant is that the disputed land was owned by her grandfather, John Mingo Carty, who left it for his last child, her father Luke Carty: that Luke married Mary Carty and had eight children (including Madeline Gumbs) who were born on the disputed land: that her parents worked all over the land the description of which Madeline Gumbts gave as –

West of public road

Eastern boundary Abraham

North boundary land of Jo Connor

South Connors

3 In 1950 the gale blew down the house. On receipt from assistance from Government a house was erected not on the spot of the first house but on the south side of the land. Appellant's family continued to occupy and cultivate the land on which the original house stood and did so until 1975 when Evangeline Lake set free animals that Madeline had on the land. She reported the matter to the police. Madeline testified that Evangeline who lived with Marie and Rebecca Carty on Madeline's Uncle Daniel Carty's property, never cultivated the land. Madeline stated that in 1960 Evangeline secretly sold two pieces of land.

4 The case for respondent:–

5 Floyd Lake, Evangeline Lake's husband, testified that when he was twelve years old he accompanied his wife who was about eleven years old to Marie Carty's property, that is the disputed property, to reap produce for Marie Carty with whom Evangeline lived on Daniel's property: that he heard Marie tell Luke that the disputed property is owned by herself...