John et Al v Frederick et Al

• Jurisdiction: St Lucia
• Judge: Manning, J.
• Judgment Date: 16 September 1959
• Neutral Citation: LC 1959 HC 14
• Docket Number: No. 45 of 1956
• Date: 16 September 1959
• Court: High Court (Saint Lucia)

Supreme Court of the Windward and Leeward Islands. (Civil Jurisdiction)

Manning, J.

No. 45 of 1956

John et al

and

Frederick et al

Appearances:

D. B. James for plaintiffs.

D. A. McNamara for defendants Nos. 2 and 6.

J. G. M. Compton for defendants Nos. 3, 4 and 5.

Real property - Ownership

Facts: The question was whether the defendants had established a claim to a share of the land in dispute. The land in question involved a great number of transactions and changes of ownership over a period of years.

Held: The defendants had established their claim. Judgment for the defendants.

Manning, J.

1 The declaration in this action was filed on the 24 ^th August 1956; the last of the defences was filed on the 7 ^th December 1957; and the action was inscribed for hearing on the 14 ^th January 1958. As it was obviously time that the matters in dispute should be determined, I had the action set down for hearing for the 20 ^th July 1959; but, unfortunately, l had to leave for St. Vincent on that day to sit on the Windward Islands and Leeward Islands Court of Appeal, and did not return until after the Legal Vacation had begun. The three counsels engaged in the action applied that the action be heard during the Vacation, and I had no hesitation in deeming it urgent that the action should heard without further delay.

2 The dispute is concerned with 17 ¹/₂ carrÉs of land situated in the Mabouya Valley, Quarter of Dennery; the estate being known as the “Castor” Estate. The documents produced show that these 17 ¹/₂ carrÉs were acquired by Dame Marie Ursule Motet from Sieur et Dame Cuvillier in 1819 and that Dame Motet transferred them in 1841 to Sieur Pierre Damier for the benefit of his two illegitimate children, Jean FranÇois Pierre, Damier, hereinafter, called Jean FranÇois, and Barnabe Pierre Damier. (Exhibit S.J.2).

3 These two children acquired the land as joint owners of undivided shares; but it is clear from a recital in Letters Patent dated the 30 ^th November 1900, that jean FranÇois and Barnabe at some time or other made an amicable partition of the land, Barnabe taking a portion on the East and Jean FranÇois taking a portion on the West. (Exhibit S.J.3). The same document recites that Barnabe disposed of part of his land, and that when he died intestate he had only 4 ¹/₄carrÉs of land left. He had no heirs; the land reverted to the Crown; but the Administrator of St. Lucia in Council, as an act of grace, granted it to the three illegitimate children of Barnabe. The division of the land between the two brothers is also recited in a Deed of Sale dated the 18 ^th July 1898, in which deed a large number of the heirs of Jean FranÇois concurred. (Exhibit F.P.4).

4 The plaintiffs in this suit are the administrators of the estate of Jean FranÇois the brother of Barnabe. Jean FranÇois died in 1887. The plaintiffs were under the impression that on the death of Barnabe his share devolved on Jean FranÇois; but the documents referred to above show that this was not so. They did not obtain Letters of Administration until 1954, and at that time the six defendants occupied portions of the original land acquired by Pierre Damier in 1841. They have brought this action against these defendants in order to recover possession; but they can have no claim to any of the land that fell to Barnabe on the division between himself and his brother. Three of the defendants, Ambrose and Antoine Frederick and Zag Mongroo, occupy land that was originally part of the 4 ¹/₂ carrÉs granted by the Administrator-in-Council to the three sons of Barnabe in 1900. The defendant Arnold Nicholas also occupies part of this 4 ¹/₄ carrel (see Exhibit A.N.2); if one adds up the extent of land which each of these four defendants states he occupies, the total comes to more than 4 ¹/₄ carrÉs; but I attribute this to inaccurate calculations on the part of Antoine Frederick rather than to any, conjecture that there has been an...