Trustees of the Road Town Baptist Church v Velez et Al

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Davis, C.J.,,St. Bernard, J.A.,,Peterkin, J.
• Judgment Date: 14 July 1976
• Neutral Citation: VG 1976 CA 8
• Docket Number: Civil Appeal No. 5 of 1974
• Date: 14 July 1976

Court of Appeal

Davis, C.J., St. Bernard, J.A., Peterkin, J.A

Civil Appeal No. 5 of 1974

Trustees of the Road Town Baptist Church

and

Velez et al

Appearances:

Mc W. Todman for appellants respondents in person.

Practice and procedure - Land disputes.

Facts: Adjudication Officer heard and determined dispute. The Officer then heard a petition against his decision and amended the earlier decision. It was contended on appeal that the officer had no jurisdiction to sit as a court of appeal upon his own decision. Appeal court asked to treat the second decision as a nullity and to proceed with the appeal against the first decision.

Held: Justice of the case required that matter be remitted to officer for rehearing.

JUDGMENT OF THE COURT:

1 This is an appeal from the decision of the Adjudication Officer dated 15 ^th February, 1973 in dispute BVI/D/ 61/72 as amended by the decision dated 1st March, 1973 in dispute BVI/D/27/73.

2 The first ground of appeal is that in regard to dispute BVI/D/27/73 the Adjudication Officer failed to comply with the procedural requirements of the Land Adjudication Ordinance, 1970.

3 In arguing this ground, counsel for the appellants drew the attention of the court to the fact that the Adjudication Officer had on 15 ^th February, 1973 heard and determined dispute BVI/D/61/72 as shown in his decision at page 7 of the record, and had then proceeded to hear a petition against the said decision presented by the 1st named...