Richard Braithwaite Appellant v Naomi Grigg and E.M. Moron Respondents

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: DAVIS. C.J.
• Judgment Date: 18 April 1975
• Neutral Citation: VG 1975 CA 3,[1975] ECSC J0418-1
• Docket Number: CIVIL APPEAL NO.19 of 1974
• Date: 18 April 1975

[1975] ECSC J0418-1

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.19 of 1974

Between:

Richard Braithwaite

Appellant

and

Naomi Grigg and E.M. Moron

Respondents

M. Riegels for appellant.

McW. Todman for respondents.

DAVIS. C.J.

1 The appellant is the owner of certain lands at Pockwood Pond Estate, Tortola, British Virgin Islands, and the respondents are owners of land on the southern boundary of the lands of the appellant.

2 On the 19th day of April 1971 the respondents applied to the Registrar of Titles for the issue to them of a certificate of title in respect of the said lands.

3 The appellant entered a caveat forbidding the issue of a certificate of title in respect of the said lands of the respondents on the ground that he is the legal owner of part thereof.

4 The issue was heard by Glasgow J. The parties and their witnesses gave evidence on oath and on 21st March 1972 the learned judge delivered his judgment discharging the caveat. In the penultimate paragraph of the said judgment, the learned judge stated -

"I have no doubt that the claimant altered his southern boundary between the date of Harrigan's survey and the date of Welsh's survey. The southern boundary shown on Harrigan's plan is, I find, the true southern boundary of the claimant's land."

5 The same dispute was referred to the Land Adjudication Officer in which the parties were the same and in the course of the enquiry the appellant stated as follows in cross-examination, at page 9 of the record -

"I did file caveat stating part of land was mine. The boundaries I claimed then are the bounds I claim now. On 21.3.72 the judge heard my caveat. Mr. Lloyd represented me. I told the judge what I have said this afternoon but he did not understand. I received a copy of the judgment. The judge said that the boundary was as claimed by Grigg and Moron and not by me. I was not satisfied. I did not appeal."

6 In my view, the Land Adjudication Officer was right in holding that the decision of the learned judge "was binding" and in fixing the southern boundary as he did. Accordingly I would dismiss the appeal and order that the costs of the appeal be paid by the appellant.

7 M. DAVIS

CHIEF JUSTICE

8 ST. BERNARD. J.A.

9 I agree.

10 E.L. ST. BERNARD

11 JUSTICE OF APPEAL

12 PETERKIN. J.A.

13 I also agree.

14 N. PETERKIN

15 JUSTICE OF APPEAL

[1975] ECSC J0418-1

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.19 of 1974

Between:

Richard Braithwaite

Appellant

and

Naomi Grigg and E.M. Moron

Respondents

M. Riegels for appellant.

McW. Todman for respondents.

DAVIS. C.J.

1 The appellant is the owner of certain lands at Pockwood Pond Estate, Tortola, British Virgin Islands, and the respondents are owners of land on the southern boundary of the lands of the appellant.

2 On the 19th day of April 1971 the respondents applied to the Registrar of Titles for the issue to them of a certificate of title in respect of the said lands.

3 The appellant entered a caveat forbidding the issue of a certificate of title in respect of the said lands of the respondents on the ground that he is the legal owner of part thereof.

4 The issue was heard by Glasgow J. The parties and their witnesses gave...