Richardson v Gumbs

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, J.
• Judgment Date: 21 November 1984
• Neutral Citation: AI 1984 HC 7
• Docket Number: (Civil)
• Date: 21 November 1984

High Court

Joseph, J.

(Civil)

Richardson

and

Gumbs

Appearances:

Mr. John Benjamin for Appellant.

Mr. I.D. Mitchell for Respondent.

Real property - Ownership.

Facts:

This was an appeal from the decision of the Adjudication Officer which was heard as a new trial. The appellant sought a declaration that he be recorded as sole owner of the disputed parcel of land.

Held:

The respondent claimed the land under his great aunt's will. The decision of the Adjudication Officer was based on that will. The author of the will in question was acknowledging under it the fact that she did not own the whole area of land and was therefore bequeathing whatever her portion of share was in the land to the respondent. Appeal allowed and a declaration made that the disputed land be divided between the respondent and the other four children being his collaterals.

Joseph, J.

1 This is an appeal from the decision of the Adjudication Officer dated 8th May 1976 in which he held –

“My decision is that the petition fails. It is evident that the ownership of the other land referred to in the Will of Louise Ann has been recorded in favour of the named beneficiaries. I am more than satisfied that Reginald Gumbs is the owner of the lands he claims with absolute title”.

2 I heard the appeal as a new trial in accordance with Section 24 of the Land Adjudication Ordinance 1974 (No. 2 of 1974) giving both Parties the opportunity to call witnesses.

3 The appellant seeks a declaration that Edward H. Richardson be recorded as the sole owner of the disputed parcel of land.

THE APPELLANT'S CASE IS:–

4 Appellant testified that he is 76 years of age and that when he was 10 years old he knew the disputed land to be owned and cultivated by Margaret Brooks Richardson who 2/3 years after he was 10 years ?Id ceased to cultivate it. Louisa Ann Richardson never cultivated the land. The land he said was “lying there just like that” and a number persons cut bush from the land to cover yams. He stated that prior to the Cadastral Survey being carried out owners of land were required to cut a track right around the land they owned. He was in charge of Freemanis land so he requested Joseph Brooks and James Richardson to accompany him to cut the track and this they did. He testified –

“They work with me and in payment I promise to give them a piece of Freeman Richardson's land. Piece that I promise is piece now in dispute. But I thought there might be a dispute so I took them across to Margaret's land because no one does use it”.

5 He stated that the area of disputed land which he gave to James and Joseph is 3 acres.

6 I pause here to observe that Edward had no authority to give this area of land to James and Joseph. A dispute arose when James, Joseph and Reginald made a claim to the Adjudication Officer for the area of bush land.

7 On 29th August 1978, James Wilfred Richardson obtained Letters of Administration of the estate of Margaret Richardson.

THE CASE FOR RESPONDENT:

8 Louise Ann his great aunt, took care of him from childhood until he...