Martin v Martin

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Lewis, C.J.
• Judgment Date: 05 November 1969
• Neutral Citation: VG 1969 CA 3
• Docket Number: Civil Appeal No. 2 of 1969
• Date: 05 November 1969

Court of Appeal

Lewis, C.J., Gordon, J.A., St. Bernard, J.A. (Actg.)

Civil Appeal No. 2 of 1969

Martin

and

Martin

Z. Butler for applicant. J, Archibald for caveator.

J. Archibald for caveator

Real Property - Possession of Land — Title by Registration Act, Cap. 206 — Whether applicant was entitled to possession of land.

Facts: Evidence revealed that the applicants' efforts to obtain a title for the land was successfully blocked by a caveat. The applicant claimed he was in possession of the land from 1932.

Held: The applicant could not claim undisturbed possession of the land from 1932 since as late as 1952 T.M. (his brother) had an interest in the property. The judge was correct in sustaining the caveat. Application dismissed.

Lewis, C.J.

1 This is an application for review of a decision by Louisy J., sustaining a caveat against the issue of a certificate of title.

2 On the 15th September, 1979 the applicant filed a request for a Certificate of Title under the Title by Registration Act, Chapter 206 in respect of a portion of land situate at Martin Brewer's Bay in Tortola, measuring 27 acres. He claimed to be the owner of this property having acquired it by sole, undisturbed, uninterrupted possession thereof from the year 1931 to the time of his request. The request was duly advertised and. the caveator, Calvin Martin, filed a caveat on the 8th of December, 1967. In this he claimed to be one of the legal owners of the land and stated that he intends to apply at the proper time for the issue of a Certificate of Title in his own favour.

3 The caveat did not come on for hearing until 6th February, 1969, when Martin and his mothers Exeria Martin, and his brother Clifford Martin, gave evidence in support of it. The parties agreed that the land originally belonged to one John Martin, who lived on it and cultivated it throughout his lifetime, and died intestate on the 31st October, 1932. It appears that he allowed his children to cultivate and reap the crops and keep the proceeds of the crops, or some part of them at any rate, of certain specific portions, for themselves.

4 He was married twice and by his first wife he had three children, two girls and a boy named Lenny. Lenny died at a very early age and it was in evidence that the two daughters are also dead. By his second marriage ha had four boys and, a girl. The eldest was William Ernest, then the girl Rachel Caroline, then the three other boys, Thomas Ebenezer, Theophilus and the applicant, James.

5 It appears from the evidence of the caveator, Calvin, that his uncle, the applicant, cultivated certain portions of land, especially a portion around his house consisting of about a quarter of an acre. Calvin. Clifford and Exeria all denied that James had exclusive possession of any portion of the land, although it was admitted, at any rate by Exeria, the mother, that he did plant peas and vegetables on a part of the land known as Luck or Lucky Hill, and that after John...