Richardson v Thomas

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: St Bernard, J
• Judgment Date: 15 July 1980
• Neutral Citation: AI 1980 HC 4
• Docket Number: 3 of 1976
• Date: 15 July 1980

High Court

St. Bernard, J.

3 of 1976

Richardson

and

Thomas

Appearances:

Dr William V Herbert for appellant

C M D Byron for respondent

Real Property - Title.

St Bernard, J

1 This is an appeal against the decision of the Adjudication Officer under section 24 of the Land Adjudication Ordinance, 1974, as amended. The appeal, in accordance with this provision of the law, is treated as a re-hearing of all the issues and both parties were allowed to call evidence on oath. I have therefore been afforded the privilege of making my own assessment of the evidence of the witnesses and other evidence in the case together with that of the Adjudication Officer's opinion. The facts are in dispute but they are not complicated and the question to be determined is what are the correct boundaries on the southern side of the appellant's land pointed out to him when he bought the land in 1943 and whether these boundaries today are the boundaries of the parcel of land occupied by him.

2 The facts are briefly stated: Sometime in 1904 Horatio dodge the father of the respondent became the owner of approximately 2 acres of land at a place called Statia Valley,-near George Hill. In 1929 he sold one half acre by estimation to the respondent who then lived on the land. In 1943 Jemima Gumbs sold a parcel of land with a dwelling house thereon belonging to the late Horatio Hodge to the appellant. It appears that Horatio Hodge was dead and the person selling was just an intermeddler in his estate. The receipt speaks of the late Horatio Hodge and one receipt mentions the word “deceased”. No person seems to have taken out Letters of Administration or Probate in his estate and therefore the appellant remained without title. I find as a fact that there were no quarrels about boundary marks between the years 1943 and 1961. The appellant was married and immigrated to Aruba but left his wife at home in the dwelling house on the said parcel of land She died in 1950. During his visits home between these years the boundaries were the same as shown to him. His brother Cecil who also lived in the same dwelling house and is the son-in-law of the respondent stated that there was no dispute and the boundaries were as shown to him by his brother. He worked and reaped the land and cared animals there. The appellant returned for good to Anguilla in 1960. In 1961 he tied his cown on a part of the land and the respondent said it was her land. In her evidence the respondent stated that the appellant said that the land-was not straight and she told him to straighten it. He sought legal advice and wrote her. All remained quite until sometime in 1973 when he saw her son James Thomas clearing a portion of the land in preparation for erecting a building. He caused his solicitor to write him about the matter but he gave no hoed. He then issued a writ stayed by the...