Arthur Verneuil Claimant v Eleuthere Severin Sued herein in his Personal Capacity and as Representing the Heirs of Joseph Sylvester Defendant [ECSC]
| Jurisdiction | St Lucia |
| Judge | Hariprashad-Charles J |
| Judgment Date | 11 February 2004 |
| Judgment citation (vLex) | [2004] ECSC J0211-4 |
| Date | 11 February 2004 |
| Court | High Court (Saint Lucia) |
| Docket Number | CLAIM NO. 286 of 1997 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
(CIVIL)
CLAIM NO. 286 of 1997
Mr. Dexter V. O. Theodore for the Claimant
Mrs. Wauneen Louis-Harris for the Defendant.
PRESCRIPTIVE RIGHTS…FORM AND PROCEDURE…WAS THERE COMPLIANCE WITH ARTICLE 2103A OF CIVIL CODE AND SUPREME COURT PRESCRIPTION BY THIRTY YEARS 1969 RULES…ADVERSE POSSESSION…FRAUD—FINALITY OF ADJUDICATION ORDER
Mr. Arthur Verneuil, now deceased filed a Writ of Summons indorsed with Statement of Claim claiming among other things, prescriptive rights of a parcel of land comprising less than 0.02 hectares situate at Martin Luther Street in the village of Laborie. The land is recorded in the Land Registry as Parcel No. 0820C 153 in the name of the Heirs of Joseph Sylvester as provisional owner in title.
Mr. Verneuil alleged that he was at all material times the owner in possession together with his deceased wife and children, of the parcel of land by virtue of his sole, peaceable, public, unequivocal and undisturbed possession for a continuous period, which is still continuing, of over 30 years.
He also alleged that the defendant, Mr. Eleuthere Severin had actual notice of his interest in the parcel of land because he and his family have since 1953 continuously resided in a wooden house on the land and Mr. Severin lives in close proximity to his wooden house.
He next alleged that Mr. Severin fraudulently claimed the land before the Land Registration and Titling Project, well knowing that he was entitled to the land.
Mr. Verneuil passed away on 7 th November 1998 and his son, Marcus Verneuil was appointed by the Court to represent the estate of his father.
Mr. Severin, in his defence alleged that Mr. Verneuil paid rent to his deceased uncle, Joseph Sylvester for the use and occupation of the land. He next alleged that since his uncle death in 1984, no rent has been collected and that Mr. Marcus Verneuil continued to live in the house on the land as a tenant at sufferance.
Mr. Severin averred that Mr. Verneuil never claimed the land to which he alleged he is entitled to by virtue of long possession during the Land Registration and Titling Project.
Two issues falls to be determined namely:
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(i) Whether Mr. Verneuil's claim of prescriptive title is tenable.
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(ii) Whether Mr. Severin fraudulently claim the land.
Article 2103A of the Civil Code states:
"Title to immovable property, or to any servitude or other right connected therewith, may be acquired by sole and undisturbed possession for thirty years, if that possession is established to the satisfaction of the Supreme Court which may issue a declaration of title in regard to the property or right upon application in the manner prescribed by any statute or rules of court."
At paragraph 3 of his statement of claim, Mr. Verneuil claimed title to the said parcel of land by virtue of his sole, peaceable, public, unequivocal and undisturbed possession for a continuous period of over 30 years. Yet, he circumvented the issue by applying for rectification of the land register when in fact, he ought to make his application for declaration of title within the meaning of Article 2103 A of the Code.
Mrs. Harris appearing for Mr. Severin submitted that the deceased has failed to conform to the manner prescribed by the Supreme Court — Prescription By Thirty Years (Declaration of Title) Saint Lucia Rules 1969 which reads as follows:
"An application for a declaration of title to immoveable property, or any servitude or other right connected therewith, under article 2103A of the Civil Code shall be made by petition to the Court."
Rule 5 states the contents of the Petition. Rule 6 states that the Petition must be accompanied by affidavits of the applicant and of two other persons at least. (My emphasis)
Rule 8 states that forthwith upon filing of the Petition the Registrar shall issue a summons to all persons claiming an interest in the property to enter an appearance within 2 months from the last publication of such summons in the Gazette. The summons must be advertised in 2 separate issues of the Gazette and of a newspaper circulating in Saint Lucia. Provision is also made for a copy of the summons to be posted up in a conspicuous place in the court office and in a court room of the Magistrate in the District in which the land is situated.
In my opinion, non-compliance with the Supreme Court - Prescription by Thirty Years Saint Lucia 1969 Rules amounts to a flagrant breach of the procedure and form to be adopted. It seems to me that Mr. Verneuil has surreptitiously approached the court by a Writ of Summons endorsed with Statement of Claim.
Article 2057 of the Code states that for the purposes of prescription, the possession of a person must be continuous and uninterrupted, peaceable, public, unequivocal, and as proprietor. Article 2058 states that a person is always presumed to possess for himself and as proprietor in the absence of proof that his possession was begun for another.
It is undisputed that Mr. Verneuil entered into possession of the land in dispute in 1953 and that his wife and son, Marcus who was born on 16 th March 1958 lived on the land continuously to the present date.
But Mr. Severin alleged that Mr. Verneuil was allowed to occupy the parcel of land by his uncle, Cornette Sylvester for the payment of rent and after the death of Mr. Sylvester, Mr. Verneuil lived in the house on the land as a tenant at sufferance and that his son, Marcus is fully aware that his family does not own the land. As a result, Marcus sought permission from Mr. Severin to renovate the house on the land and that he also offered Mr. Severin's sister, Philomen Polius to purchase the land.
I have had the opportunity of seeing and hearing the witnesses. I found Mr. Severin and his sister to be witnesses of candour. I could not say the same of Marcus Verneuil and his brother, James. In my opinion, they were hesitant and not forthright in their testimony. I found them to be unreliable witnesses. On a balance of probabilities, I prefer the evidence given by Mr. Severin and his sister.
Based on the evidence, I therefore concluded that Mr. Cornette Sylvester rented a house spot belonging to his father, Joseph Sylvester to the wife of Arthur...
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