Lettsome v Attorney General of the British Virgin Islands et Al

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Davis, C.J.,,St. Bernard, J.A.,,Peterkin, J.
• Judgment Date: 14 June 1976
• Neutral Citation: VG 1976 CA 3
• Docket Number: Civil Appeal No. 11 of 1974
• Date: 14 June 1976

Court of Appeal

Davis, C.J., St. Bernard, J.A., Peterkin, J.A

Civil Appeal No. 11 of 1974

Lettsome

and

Attorney General of the British Virgin Islands et al

Appearances:

J.S. Archibald, with him L. Stevens, for appellant.

Paula Beaubrun, Attorney General, for 1st respondent.

McW. Todman for 2nd respondent.

Real property - Ownership.

Facts: The appellant filed a claim under the Land Adjudication Ordinance, 1970. The Adjudication Officer granted absolute title to land at Nottingham Estate to the appellant. On a rehearing, the officer found as a fact that the appellant had occupied the land for twenty-nine years, but held that since s. 3 of the Long Look Lands Commission and Titles Ordinance, 1968 as amended vested all lands at Nottingham Estate in the Crown, with retroactive effect from 1968, the appellant who was without a Crown grant was not entitled to be declared absolute owner.

Held: The appellant's rights extinguished by the Long Look Ordinance. Appeal dismissed.

JUDGMENT OF THE COURT

1 The appellant, on the 27 ^th April, 1972, filed a claim under the Land Adjudication Ordinance, 1970, as being entitled to. 6 acre of land part of the Nottingham Estate situate at Long Look. He was granted an absolute title in October, 1972, but on appeal by both respondents a rehearing was ordered.

2 At the rehearing which took place on the 12 ^th June, 1974, both the Crown and Ernestine George disputed the claim of the appellant on the ground that one part of the parcel of land belonged to the Crown and the other part to Ernestine George as being the holder of a Crown Grant, No. 258 of 1972, and dated 28 ^th April, 1972. The Adjudication Officer found as a fact that the appellant occupied the land for 29 years and had built two houses on a portion of it but he held that the appellant was an inhabitant of the Nottingham Estate within the meaning of section 2 of the Long Look Lands Commission and Titles Ordinance, 1968 as amended and therefore since section 3 of the Long Look Lands Commission and Titles (Amendment) Ordinance, 1971, (No. 12) vested all lands of the Nottingham Estate in the Crown with retroactive effect from 24 ^th December, 1968, the appellant who was without a crown grant was not entitled to be declared absolute owner of the land claimed by him.

3 The appellant has appealed on the ground that the Adjudication Officer was wrong in law in holding that the Long Look Lands Commission and Titles...