Edward v Haynes et Al

• Jurisdiction: St Lucia
• Judge: Bishop, J.
• Judgment Date: 16 May 1968
• Neutral Citation: LC 1968 HC 11
• Docket Number: No. 109 of 1967
• Court: High Court (Saint Lucia)
• Date: 16 May 1968

West Indies Associated States Supreme Court. (High Court)

Bishop, J.

No. 109 of 1967

Edward

and

Haynes et al

Appearances:

V.A. Cooper for the plaintiff.

Henry Giraudy for defendants

Real property - Right of way — The plaintiff sought an order that a kitchen constructed by the defendant be removed. The plaintiff alleged that for the past 15 years the defendant obstructed an 8 foot wide passage to which she was entitled from the year 1946. The court admitted in evidence the surveyor's findings to the effect that the kitchen encroached upon the 8 foot wide passage

Held: The kitchen should be removed from its position so as to leave the right of way unobstructed. An injunction would also be granted against further obstruction.

Bishop, J.

1 At the commencement of the hearing of this suit it was brought to the attention of counsel, that there was on record a certificate dated 23 ^rd November 1967, under the hand of the Acting Registrar of the Court to the effect that the defendants had not appeared and that default had been entered against them. Counsel for the defendants agreed that in these circumstances, Article 282 of Code of Civil Procedure of St. Lucia would apply. He was therefore permitted to cross-examination the plaintiff and her witnesses, but he was not allowed to produce witnesses.

2 In the declaration filed on the 13 ^th July 1967, the plaintiff Amazine Edward alleged that for the past fifteen years, the defendants Sylvester Haynes and Priscilla Haynes obstructed an eight-foot wide passage to which she was entitled from the year 1946. The obstruction was in the form of a kitchen erected by these defendants. The plaintiff now seeks from the court an order that the kitchen be removed and also “an injunction restraining the defendants their servants agents and licences from forever interfering with or in anyway obstructing the use of the aforesaid servitude or diminishing its use in anyway”.

3 The plaintiff gave evidence and called two witnesses in support of her allegation, and because of the application of Article 282 of Code of Civil Procedure the defendants were bound by the answers given in cross-examination of the plaintiff and witnesses.

4 The facts which have been established are as follows: Amazine Edward the plaintiff was married to Gilbert Edward about twenty years ago. Prior to her marriage, she purchased 2215.9 square feet of land in Soufriere from Charles Joseph Alexander. A deed of sale – Exhibit A – dated 6 ^th November 1946 was recorded on 19 ^th November 1946. In that deed, the boundaries of the land that she purchased were set out and it stated also: “Together with all the appurtenances and dependencies thereof including a right of passage eight feet wide on the south side leading to the Coin de l'Anse High Road between the property belonging to one Alexis and the property hereby conveyed”.

5 About fifteen years ago, Priscilla Haynes, the second named defendant in this action built a kitchen to the south of the plaintiff's land. This kitchen encroached upon the eight-foot wide passage as indicated by the plan of survey (Exhibit B in this case) submitted and produced by Hughes Shillingford...