Grigg et Al v Anthony et Al

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 22 March 1972
• Neutral Citation: VG 1972 HC 3
• Date: 22 March 1972

High Court

Glasgow, J.

Grigg et al

and

Anthony et al

Appearances:

D. Stuart-Hunt for Joseph Anthony

Z. Butler for Roosevelt Smith and for Joseph and Iris Lake.

L. Lockhart and McW. Todman for applicants/caveatees.

Real Property - Possession.

Facts: Evidence revealed that a caveat was entered approving the applicant's request for a title to land.

Held: When the land sold to the caveators were measured in accordance with the Surveyor's measurements it showed that the claims of the caveator were well founded. Caveat sustained.

Glasgow, J.

1 On the 19 ^th April, 1971 Naomi Iona Grigg and Margaret Louisa Maron presented a request to the Registrar of Titles for the issue to them of a certificate of title in respect of “ALL THAT piece or parcel situate at Pockwood Estate Tortola, British Virgin Islands, containing by admeasurement 131.4 acres and bounded an the East in part of Leopold Smith and in part by lands of the heirs of Christalia Anthony, On the West in part by lands of Robert Gray, in part by lands of Geoffrey Cobham and in other part by lands of Levi Mathias; On the North in part by lands of Richard Braithwaite, in part by lands of Alan and J, Hodge and in other part by lands of L. Frazier; On the South in part by the sea and in part by a parcel of land known as the Dungeon or 01d Fort and in part by lands of J. Anthony ALL as the same are delineated on the J, a. Storey & Partners Plan No.792 submitted herewith dawn by R.W. Harding, licensed Surveyor dated October, 1970 and therein edged green”.

2 In paragraph 7 of their said request the applicants alleged that “part from the encroachments on the said lands by J. Anthony (including a claim by Roosevelt Smith as a reputed purchaser from Richard Braithwaite Leopold Smith and the heirs of Christalia Anthony shown on the plan which accompanies this request there are no other persons claiming to be the owners of the said land”.

3 After due advertisement Joseph Anthony entered a caveat forbidding the issue of a certificate of title in respect of the said land on the ground that he is the legal owner of part thereof. Also entering caveats forbidding the issue of a certificate of title in respect of said land on the ground that they are legal owners of part thereof were Roosevelt Smith, and Joseph Lake and his wife Iris Lake.

4 The applicants are both married women and daughters of the late David Glanville Fonseca, who died in Road Town, Tortola on the 6th January 1948 having by his last Will appointed as executors of his said Will his wife Florence Ercelle Fonseca and his son Isaac Glanville Fonseca. The applicants' title to Pockwood Pond Estate begins with Deed No.9 of 1928 which is a conveyance of the said estate from Orelia Hodge to the David Glanville Fonseca and Albert Pickering. By Deed No.31 of 1930 Pockwood Pond Estate was partitioned between David G, Fonseca and Albert Pickerings the former being allotted the eastern half of the estate. By sundry conveyances, including a conveyance to the said Joseph Anthony David G, Fonseca, and, after his death the...