Todman v Fahie

• 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 4
• Docket Number: Civil Appeal No. 3 of 1969
• Date: 05 November 1969

Court of Appeal

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

Civil Appeal No. 3 of 1969

Todman

and

Fahie

J.S. Archibald, E.A.C. Hewlett with him, for appellant

McW. Todman for respondent

Real Property - Landlord and Tenant

Lewis, C. J.

1 In this case the appellant sued for recovery of possession of a house and premises situate at Huntums Ghut, Tortola, claiming that he had rented the house and premises to the defendant by an oral agreement and that by notice in writing on the 25th September he had required the defendant to give him up possession on the 31st December. He alleged that the defendant continued in possession of the house and premises, and he claimed recovery and mesne profits.

2 The defendant by his defence denied that the house and premises had been let to him by the plaintiff and claimed that he was the owner.

3 The evidence for the plaintiff was that some time in 1954 he had agreed with the defendant to pay him rent whenever he could, for a portion of land left by his putative father, and that the defendant had then paid him $18.00. Thereafter, he said, in 1960 the defendant paid him $10.00 and in 1965, $60.00, both amounts for the rent of the land. The defendant's wife, who is now separated from him, and who admittedly was brought up as a sister to the plaintiff, gave evidence on behalf of the plaintiff that she had seen and heard the defendant pay the plaintiff the $60.00, stating that it was for rent. The defendant denied that he had ever rented from the plaintiff, said that he had been given permission to build a house by the wife of the former owner, and denied specifically that he had paid the plaintiff the $60.00 in his wife's presence or at all. He said, and in this agreed with the plaintiff, that some time in 1965 — the plaintiff said — 65 and he said — 66 — after he had built his house, the plaintiff told him that he...