Smith v Wilson

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Louisy, J.
• Judgment Date: 01 January 1966
• Neutral Citation: VG 1966 HC 2
• Docket Number: Civil Suit No. 24 of 1966
• Date: 01 January 1966

Windward and Leeward Islands Supreme Court

Louisy, J.

Civil Suit No. 24 of 1966

Smith

and

Wilson

H.L. HARNEY for Plaintiff

Z.H.M. BUTLER for Defendant

Tort - Whether defendant was liable for trespass.

Facts: The plaintiff brought an action claiming possession of property and damages for trespass. Evidence revealed that the defendant bought the land which she vacated and rented to X. X in turn sold land to the plaintiff.

Held: X was in no position to sell the land and the defendant was entitled to possession. Plaintiff's action failed.

1 The Plaintiff's claim is for –

• (i) $3,000 in the Currency of the United States of America as Damages for Trespass on the land and house, the property of the plaintiff situate at Road Town, Tortola on the 5 ^th June, 1966, and on subsequent days.

• (ii) Possession of the said property.

• (iii) Mesne Profits.

PARTICULARS OF CLAIM

1

The Plaintiff was and is the owner of land with house thereon, situate at Road Town, Tortola and bounded on the East by lands of Helen Dunlop; on the West by lands of Maurice Parsons, on the North by the Street and on the South by lands of the Baptist Mission thereinafter referred to as the said premises and the defendant's wrongly claim possession thereof. 2. On the 5th June, 1966, the defendants wrongly and forcibly entered the said premises and took possession thereof, and the trespass continued from the 5th June, 1966 and the trespass still continues. 3. And the Plaintiff Claims:- (i) Damages (ii) Possession of the said Premises (iii) Mesne Profits from 5th June, 1966.

2 The plaintiff's case is that he bought the property in question from Susanah Degout in 1950 and in support of this purchase has tendered in evidence a conveyance. Plaintiff states that he took possession of the property the same year, he lived in it for 3 years and subsequently rented it. He complains that on the 6 ^th June, 1966 the defendants entered the property, took possession of it and are still in possession. He claims possession and damages for trespass.

3 The defendant's case is that, defendant's father and her grandmother bought the property from one Flawell Rilta, the Agent for the Zimmerins. That she and her grandmother took possession of it. There was a house on the property, she broke it down, erected a new house. That she, with her children, lived in the house. They left subsequently for Puerto Rico and defendant Faulkner left one John Hodge as...