Heirs of John Brooks v Hodge et Al

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, J.
• Judgment Date: 12 December 1984
• Neutral Citation: AI 1984 HC 9
• Docket Number: Civil Suit no. 26 of 1977
• Date: 12 December 1984

High Court

Joseph, J.

Civil Suit no. 26 of 1977

Heirs of John Brooks

and

Hodge et al

Appearances:

Miss M. Waiwyn for Appellant

Mr. J. Benjamin for Respondent

Real property - Adverse possession.

Facts:

This was an appeal from the decision of the Adjudication Officer in which he upheld a decision that the disputed lands vested in the heirs of one Ann Gumbs. The issue was whether the appellant had obtained the lands by adverse possession.

Held:

The appellant failed to prove the essential elements of a claim by adverse possession. The appellant during his possession acknowledged Ann Gumbs as the owner of the land by giving a share of the crop he reaped to one of her relatives. Order made that the land vest in the personal representative of Ann Gumbs. Appeal dismissed.

Joseph, J.

1 This is an appeal from the decision of the Adjudication Officer dated 13th May 1976 in which he upheld a decision handed down on 1st December 1975 that the disputed land vested in the heirs of Ann Gumbs. I heard the appeal as a trial giving both parties an opportunity to call witnesses.

2 The case for the appellant — Drucilla Hodge, daughter of John Joseph Brooks and his wife Lolita, testified that from the time she was a child she knew the disputed land to be owned by her father: That her father had bought the land from Ann Gumbs while they were both in Santo Domingo. Her parents had taken her to the land and she had seen them cultivate it with the assistance of a number of persons who are now dead. When her father died in June 1946 the area was fully cultivated.

3 Her cousin Mary Hodge took care of her younger brother and sister and cultivated the land until the late 1940s when she ceased cultivating it. Drucilla cultivated a portion of the land: On the other portion, she and her brother collected stones, burnt coals and grazed animals. She cultivated it until 1959 at which time she became pregnant. In 1960 she went to live in St. Thomas. In September 1960 she returned and her four other children ranging in age from 35 to 30 and her brother continued to collect stones and cut wood on the disputed land.

4 On another visit in 1963 she observed that Albert Lake had cut a road down the middle of the land and his employee was planting posts. She spoke to the employee and he ceased working on the land. In 1973 she returned to Anguilla and cleared the disputed land for the purpose of the Cadastral Survey.

5 Her brother testified that the land was regarded as Ann Gumbs' land.

6 The case for the respondent — Albert Lake testified that he claimed the land on behalf of his brother James and other children of Ann Gumbs. Ann Gumbs purchased the land and left Isabella Gumbs in charge of it when she went to Santo Domingo.

7 Joseph Brooks cultivated the disputed land in mid 1940s and gave Isabella a share of whatever he reaped....