Woods v Gumbs et Al

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, Monica J.
• Judgment Date: 06 November 1984
• Neutral Citation: AI 1984 HC 5
• Docket Number: Civil Suit no. 28 of 1977
• Date: 06 November 1984

High Court

Joseph, J.

Civil Suit no. 28 of 1977

Woods

and

Gumbs et al

Mr. John Benjamin for appellant

Mr. I.D. Mitchell for respondent

Real property - Possession — Undisturbed possession for 17 years

Facts:This was an appeal from the decision of the Adjudication Officer that the respondents were joint owners of the land in dispute with absolute title. There were two deeds relating to the same land, which was in dispute: an unrecorded deed date 1912 and a recorded deed dated 1915. The persons to whom the conveyance was made in 1912 never entered into possession of the land

Held: The appellant, although he obtained a deed for the land in 1973 from the person in possession had entered into possession in 1955. His possession was distributed after 17 years by one of the respondents. Appeal allowed. Order that the disputed lands be registered in the name of the appellant with absolute title.

Joseph, Monica J.

1 This is an appeal under section 24 of the Land Adjudication Ordinance 1974 (No. 2 of 1974) which enacts that the court shall hear and determine all appeals from the decision of the adjudication officer as a process begun in the High Court by originating process. I heard the appeal as a new trial, giving both parties the opportunity to call witnesses.

2 The appeal is from the decision of the adjudication officer dated 15th April 1976 who held that the appellant's petition failed and the original decision would stand. The original decision dated 1st October 1975, was that Frederick Ernest Gumbs and William James Gumbs are joint owners of the land with absolute title.

3 The case for the appellant - the disputed area of land is bounded on north by Charles Gumbs; south by Daniel Adams; east by George Gumbs and Albert Lake. From the time appellant was sixteen or seventeen he knew that the land was owned by Christopher St. Vincent Gumbs. The land was cultivated by his daughter Mary Lillian Gumbs, with potatoes, corn and yams. Ann Gumbs, Mary Lilian's sister also worked an acre of that land for Mary Lilian.

4 He claims that there are two deeds relating to the same area of land. An unrecorded deed, dated 28th February 1912, between Samuel Anderson Gumbs, Executor to the will of the late Charles Lake (deceased) of the one part and Frederick Ernest Gumbs and William James Gumbs of the other part.

5 The second deed, which is recorded in the registry of the High Court, was made on 20th February 1915, between Eliza Joseph Gumbs (wife of Samuel Anderson Gumbs) and Christopher Gumbs. The first deed is torn, but I am able to read the following:–

“Land situate in the Forest ……… in Spring Division in the island of Anguilla and butted and bonded as follows: East by a neighbouring road running from to south west with lands the property of Christopher Gumbs. North lands the property of………. Eliza Lake and to the south lands of Daniel Adams: the said piece or parcel of land is estimated to be two and a half acre by measurement be the same more or less. The land was formerly the property of the late Charles William Lake.

6 The description of the land in the, 1915 deeds reads -

“A certain piece or parcel of land situated at the Spring Division Forest and is...