Malone v Robinson

• 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 4
• Docket Number: Civil Appeal No. 21 of 1973
• Date: 14 June 1976

Court of Appeal

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

Civil Appeal No. 21 of 1973

Malone

and

Robinson

Appearances:

J. S. Archiba1d for appellant.

McW. Todmam for respondent.

Real property - Title.

Facts: Land in Tortola was purchased in 1931 for the respondent who was living abroad. The respondent entered into possession of the land through her agents. The appellant was also living abroad but returned in 1957. Between 1957 and 1959 the appellant erected a building on respondent's land. In 1959 the respondent visited Tortola and denied having made a gift of land to the appellant. In 1972 the respondent filed a claim under the Land Adjudication Ordinance. The claim was filed by the appellant on the basis of a gift. The claim was rejected by the Adjudication Officer. On appeal it was contended that the Officer should have adverted to the question of adverse possession whether claimed or not.

Held: Claim pursued throughout on basis on allegation of gift. There was no evidence of adverse possession on which claim to long possession could be based. Appeal dismissed.

JUDGMENT OF THE COURT:

1 This is an appeal from the decision of the Adjudication Officer in which he dismissed the appellant's claim and recorded the respondent as the owner of an acre of land at Main Street, Road Town, with absolute title.

2 The grounds of appeal are:–

• (1) That there is no evidence to support the claim of the claimant/respondent to be recorded as owner of the land in issue.

• (2) That the Adjudication Officer mis-directed himself on the evidence before him.

• (3) That the Adjudication Officer was wrong in law in concluding that the claimant/appellant did not acquire title by adverse possession to the land in issue which he occupied by himself continuously from the year 1957 up to the date of the decision openly and peaceably, and on which he built a house since the year 1959 and carried on his business therein.

• (4) That the decision was not based upon the principles of adjudication set out in section 16 of the Land Adjudication Ordinance 1970 (No. 5 of 1970) as amended.

3 The facts and circumstances disclosed by the evidence are as follows:–

4 In the year 1931, while the respondent and her sister Princess Pheodore were living in New York their father, Andrew Malone, purchased for them in their joint names the area of land in issue with a house thereon. He died in 1934, and his wife in 1936. The respondent's sister Princess Pheodore also died in 1936. The respondent's brother Albert and...