Thomas v Stout et Al

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Davis, C.J.,St. Bernard, J.A.,Perterkin, J.
• Judgment Date: 18 February 1977
• Neutral Citation: VG 1977 CA 12
• Docket Number: Civil Appeal No. 14 of 1973
• Date: 18 February 1977

Court of Appeal

Davis, C.J.; St. Bernard, J.A.; Perterkin, J.A

Civil Appeal No. 14 of 1973

Thomas

and

Stout et al

Appearances:

L.W. Barker for the claimant/appellant

McW. Todman for the claimants/respondents

Jurisdiction - Land Adjudication Officer — Authority to order a hearing — Whether Land Adjudication Officer acted in excess of jurisdiction.

Facts: Evidence revealed that on the basis of new evidence presented the officer held a new hearing.

Held: Under s. 20 of the Ordinance the officer had no such power to order rehearing. Whole matter remitted for new hearing.

1 JUDGMENT OF THE COURT:

2 In a land adjudication dispute arising out of claims submitted by the appellant and the respondents to title to the same parcel of land, the Land Adjudication Officer after a hearing of the dispute and finally determining the issue on the 12th October, 1972 in favour of the respondents was petitioned under Section 20 of the Land Adjudication Ordinance, 1970, as amended by section 5 of the Land Adjudication Amendment Ordinance 1971(No. 13 of 1971) for a rehearing of the dispute on the ground that there was fresh evidence on behalf of the appellant. No objection was taken to this rehearing at the time as it appears that the parties...