Brice v Simon

• Jurisdiction: St Lucia
• Judge: Renwick J.
• Judgment Date: 12 December 1977
• Neutral Citation: LC 1977 HC 15
• Docket Number: No. 36/1967
• Court: High Court (Saint Lucia)
• Date: 12 December 1977

High Court of Justice

Renwick, J.

No. 36/1967

Brice

and

Simon

K. Foster, Esq., for the plaintiff.

V. Cooper, Esq., for the defendant.

Real Property - Ownership

Renwick J.

1 In this action the plaintiff claims to be the owner of a portion of land situate at Marchand Road, Castries, as appears by a Deed of Sale to the plaintiff, registered in Volume 106, No. 82766 on the 12 ^th September, 1966. The defendant lives in a wooden house on this land and has so lived all her life. She is the natural daughter of the late Clovis Smith Simon who lived on that land until the date of his death a few years ago.

2 By Deed of Sale dated January 12, 1924, and registered in Volume 76, No. 43219, widow Jean Marie Guillame Medal sold the land in question to Persin Polion Jean Baptiste and widow Adlaidie Emmanuel otherwise known Adalaide Augustin. In that sale, Clovis Smith Simon acted as agent for the purchasers and he continued in possession of that land on behalf of his principals who lived outside of St. Lucia.

3 Clovis Smith Simon was blind; and towards the end off his life, Ida Simon took care of him.

4 By document dated 22 ^nd August, 1966, and registered in Volume 119A, No. 82648, Ida Simon declared that from or about the year 1924, she had been in occupation of this land as owner. She then proceeded to sell the land to Antoine Joseph be Deed of Sale dated 25 ^th August, 1966 for $2000 and Antoine Joseph the same day, sells to his brother-in-law, the plaintiff, the land for $2000.

5 It is clear that the Deed of Possession by Ida Simon is valueless and consequently any subsequent dealing by her with the land is also valueless. In my view, the defendant who is in possession can rely on shortcomings in a plaintiff's title by way of defence and does not have to improbate the documents. In the result, there will be judgment for the defendant with costs to be taxed. The plaintiff's Counterclaim is dismissed.