Cooper v Charles et Al

JurisdictionSt Lucia
JudgeSt. Berbard, J.A.
Judgment Date01 January 1978
Neutral CitationLC 1978 CA 1
Date01 January 1978
CourtCourt of Appeal (Saint Lucia)
Docket NumberCivil Appeal No. 3 of 1977

Court of Appeal

Davis, C.J., St. Bernard, J.A., Berridge, J.A. (Ag)

Civil Appeal No. 3 of 1977

Cooper
and
Charles et al
Appearances:

Appellant in person.

P. Bledman for the respondents.

Real property - Conveyance — Effect of technical defect in deed of sale.

St. Berbard, J.A.
1

This appeal arises out of two cases (No. 43 of 1973 and No.148 of 1974) which were consolidated by Order of the Court on the 15th November, 1976.

2

The appellant obtained Letters of Administration of the estate of Elmina Edward, of Desruisseaux, his aunt, on the 12th day of June, 1969, and vested her real estate in himself as administrator and attorney for his brothers and sisters, by vesting deed dated the 16th September 1969 and registered the 25th September 1969. Before her death in July 1969, Elmina owned a half share of 3 1/2 carres of land left under a will of her grandmother who died on 29th January 1893. The other half share belonged to the appellant's mother who died in 1947 and her share devolved upon her children. Elmina sold a portion of her share (undivided) to the first respondent in 1961. There was no fraud or any suggestion of duress or undue influence. He was given a title not under the will but by prescription for 34 years possession. In 1963 the same respondent bought another parcel of land from her and was given the same type of title. These titles were not given under a registered title. The respondent who was placed in lawful possession built his home on the land. After Elmina died in 1967, the appellant discovered a “technical defect” as he put it in the deed and as administrator of the estate sued for a declaration that both deeds were null and void. He was granted the declaration. Having been granted the declaration the appellant sued the 1st respondent for unlawful occupation, a declaration of ownership and ejectment and damages far fifty thousand dollars. He sued the other two respondents who are Notaries for negligence and fraud.

3

At the trial no fraud was proved, neither was there any proper allegation of fraud given. At the hearing of this appeal appellant spoke of the fraudulent and illegal nature of the contract but the evidence before the Court disclosed no fraud or illegal contract.

4

In cross-examination appellant said –

“In second sale Father Paul Chevaut signed on behalf of my aunt. He was an accessory to the fraud. I knew of the sale at the time of the sales. At that time I knew that my aunt was selling her share of the property. I was so informed by letter. The name Elmina Edward was on the letter. The name below was Elmina Edward. At that time I accepted the fact that she was selling. I did not object because I thought the sale was a proper sale. I was not at that time satisfied that my aunt had left my half share intact… I discovered that the land was not properly sold after...

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