Waters v Stevens

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 28 March 1972
• Neutral Citation: VG 1972 HC 4
• Docket Number: No. 19 of 1969
• Date: 28 March 1972

High Court

Glasgow, J.

No. 19 of 1969

Waters

and

Stevens

Appearances:

J.S. Archibald for Caveator

McW. Todman for Caveatee

Real Property - Land — Possession

Glasgow, J.

1 On the 10th June, 1969 Meanwell Waters (herein-after referred to as the Caveatee) presented a request to the Registrar of Titles for the issue to him of a First Certificate of Titles in respect of

“ALL THAT piece or parcel of land at HEAD OF BAY in the Island of Virgin Gorda in the Territory of the British Virgin Islands and bounded as follows:.

On the East by the Cemetery

On the West by the Public Road

On the North by the Stephens Estate and

On the South by other lands of Meanwell Waters

ALL as the earns is delineated on the map or plan of the land submitted herewith drawn by P.M. Ball of J.A. Storey & Partners and thereon edged in red”.

2 The said land was stated to have been held by Deed No.34 of 1948 and to be of the extent of 0.6 acre.

3 On the 29th July, 1969 one Lilian Stevens entered a caveat in the Office of the Registrar of Titles, alleging therein that she is legal owner of the land in respect of which the caveatee applied for a certificate of title. Lilian Stevens died before she could be heard on her caveat but an 8th March, 1971 a caveat was entered in the Office of the Registrar of Titles by Julia Stevens smother of the late Lilian Stevens) alleging that she is the legal owner of the said land.

4 Before the witnesses for the caveator were heard Mr. Tadman submitted that the caveator was estopped from pleading that the land in question was hers. He based this submission on a judgment of Louisy, J. dated 24th March, 1969 delivered in Suit No.21 of 1967 in which the caveatee was Plaintiff and the Caveator and three of her children were Defendants, Louisy, J, found that the said defendants had committed a trespass and he gave judgment for the caveatee accordingly. In my view the judgment of Louisy, J. merely implied that the caveatee was in possession of the land to which the case related. The submission therefore fails.

5 After hearing the caveator and her witness (her son Earl Stevens) and the caveatee and his witness his brother Rufus Waters), I found the following facts.

6 The Caveator is the widow of Obadiah Emanuel Stevens who died in 1931, intestate. On 29th July, 1969 Letters of Administration of the estate of the said Obadiah Emmanuel Stevens were granted to the said Lilian Stevens. The said Obadiah Emmanuel Stevens was a lawful son of Abram Stevens who died in 1910 intestate, leaving as his lawful heir-at-law his eldest son Joseph Elias Stevens. The said Abram Stevens was, at the date of his death seised of a portion of land consisting of about two acres situate at Head of Bay, Virgin Gorda. As far back as the year 1919 Obadiah Stevens and his wife Julia the caveator) lived on the said two acres of land, and most of...