Joseph and Joseph v Belevedere et Al

• Jurisdiction: St Lucia
• Judge: Glasgow, J.
• Judgment Date: 01 January 1967
• Neutral Citation: LC 1967 HC 1
• Docket Number: 31 of 1967
• Court: High Court (Saint Lucia)
• Date: 01 January 1967

High Court

Glasgow, J.

31 of 1967

Joseph and Joseph

and

Belevedere et al

Appearances:

V. A. Cooper for plaintiffs.

St. G. Murray for defendants.

Tort - Damages — Trespass.

Glasgow, J.

1 The plaintiffs, in their Declaration, state that the second plaintiff is owner in possession of two acres and seventeen perches of land situate at Fonds St. Jacques in the Quarter of Soufriere in the Island of St. Lucia and bounded on the North by the Soufriere River. South by lands of Frederick Marcellin and East partly by Ravine Bellevue and partly by lands of Frederick Marcellin and West by land owned by Joseph Lascaris Heir of Amelie Jean (deceased) or howsoever else the same may be bounded together with all the appurtenances and dependencies thereof the whole according to Plan of Survey drawn up by W. I. Rodrigues Land Surveyor on 4th March, 1949 and lodged in the office of the Commissioner of Crown Lands on 11th September, 1949.

2 The plaintiffs allege that prior to and since 2nd February, 1967 the defendants have been trespassing upon the lands of the plaintiffs, reaping the plaintiffs' crops and claiming to be the proprietors thereof.

3 The plaintiffs also allege that on 26th January, 1967 they erected a barbed wire fence along their western boundary with Heirs Amelie Jean and that on 2nd February, 1967 the defendants broke and entered the plaintiffs' said land and cut the barbed wire fence erected thereon as aforesaid.

4 The plaintiffs state that the defendants are continuing and intend to continue entering upon the plaintiffs' said lands, and that the plaintiffs will continue to suffer damage unless the Court grants an injunction restraining the defendants from entering upon the plaintiffs' land. The plaintiffs therefore claim that they be declared the owners of the land described in paragraph 1 of their Declaration, an injunction as aforesaid, $500.00 damages and Costs.

5 The defendants in their Statement of Defence admit that the second plaintiff is the owner of the land described in paragraph 1 of the plaintiffs' Declaration, but deny that they have been trespassing upon the lands of the plaintiffs, reaping the plaintiffs' crops and claiming to be the proprietors thereof. The defendants admit that on 2nd February, 1967 they moved three posts from the ground which were attached to some strands of wire which barred their progress through a track (a right of way in existence and use for well over 40 years and subsequent to the sale of the portion of land — the subject matter of this suit — to the plaintiffs) on the plaintiffs' land giving access to the adjoining holding of the Heirs of Amelie Jean.

6 The defendants claim to be “among the heirs of the late Amelie Jean.”

7 The second plaintiff in her evidence stated that she is the wife of the first plaintiff to whom she is married in community of property. She said that she lives on her said land at Fond St. Jacques in the Quarter of Soufriere. She stated that she acquired the said land by Deed of Sale by Amelie Jean to her dated 30th September, 1941 and registered on 11th October, 1941 in Vol. 86 No. 51830. The land purchased by the second plaintiff is described in the Schedule to the said Deed of Sale as follows:

“An undivided portion the boundaries of which are well known to the parties in and to all the vendor's undivided one-half share in and to all and singular a piece or parcel of land situate at Fonds St. Jacques in the Quarter of Soufriere aforesaid containing one carne and one-fifth of a carre of land planted in cocoa and fruit trees and is bounded on the North by the Soufriere River and on the South by lands of Maximin Jean Phillip and on the East by Ravine Bellevue and West by Anatole Rosolind.”

8 The second plaintiff stated that in 1949, after the death of Amelie Jean, Mr. Surveyor Rodrigues surveyed her land. She produced the relevant plan of survey. The second plaintiff also stated that Amelie Jean never claimed any right of way or passage over the said land, nor was such a right claimed by Joseph Lascaris, a lawful heir of Amelie Jean, who was present when the survey of the land was being carried out.

9 The...