Adelia Brewster & Others Objectors/Appellants v Allan Callwood and Claimants/Respondents Alfredo Callwood

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: PETERKIN J.A.
• Judgment Date: 18 February 1977
• Neutral Citation: VG 1977 CA 10,[1977] ECSC J0218-2
• Docket Number: CIVIL APPEAL NO. 2 of l975
• Date: 18 February 1977

[1977] ECSC J0218-2

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Peterkin

CIVIL APPEAL NO. 2 of l975

Between:

Adelia Brewster & Others

Objectors/Appellants

and

Allan Callwood and

Claimants/Respondents

Alfredo Callwood

McW. Todman for Objectors/Appellants

J. Smith-Hughes for Claimants/Respondents

PETERKIN J.A.

1 This is an appeal against the decision of the Land Adjudication Officer dated 9th December 1974 in Petition No. 158/JVD/D/P in respect of certain lands situate at Jost Van Dyke. The matter first came on for hearing before P.G. Owen, Adjudication Officer, who, after a hearing, handed down a decision dated 17th August 1974, that all the land claimed under Claim 402/19 is the property of the Objectors/Appellants as owners in common with equal shares and absolute title.

2 The record shows that on 9th December 1974 a Petition was brought under Section 20 of the Land Adjudication Ordinance, 1970, as amended by section 5 of the Land Adjudication (Amendment) Ordinance, 1971, by the Claimants/ Respondents in respect of the same property. Despite objection to the hearing by Counsel for the Objectors/Appellants, the Adjudication Officer, L.J. Howells, reversed the findings of the first Adjudication Officer. This, in my view, he had no jurisdiction to do under the section. Counsel for the Claimants/ Respondents has conceded that the second hearing would be a nullity. Counsel for the Objectors/Appellants agrees that in the circumstances the first order should not be allowed to stand and has asked the Court to remit the matter for rehearing.

3 In my opinion, the interests of justice require that the matter should be remitted for a rehearing before another Adjudication Officer, and I would so order.

4 (N.A. Peterkin)

5 JUSTICE OF APPEAL.

6 I agree

7 (E.L. St. Bernard)

8 JUSTICE OF APPEAL.

9 I also agree.

10 (Maurice Davis)

CHIEF JUSTICE

[1977] ECSC J0218-2

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Peterkin

CIVIL APPEAL NO. 2 of l975

Between:

Adelia Brewster & Others

Objectors/Appellants

and

Allan Callwood and

Claimants/Respondents

Alfredo Callwood

McW. Todman for Objectors/Appellants

J. Smith-Hughes for Claimants/Respondents

PETERKIN J.A.

1 This is an appeal against the decision of the Land Adjudication Officer dated 9th December 1974 in Petition No. 158/JVD/D/P in respect of certain lands situate at Jost Van Dyke. The matter first came on for hearing before P.G. Owen, Adjudication Officer, who, after a hearing, handed down a decision dated 17th...