Watts v Romney 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 10
• Docket Number: Civil Appeal No. 5 of 1975
• Date: 14 July 1976

Court of Appeal

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

Civil Appeal No. 5 of 1975

Watts

and

Romney et al

Appearances:

L. W. Barker for claimant/appellant

J. S. Archibald with him W.L. Stevens, for claimants/respondents

Practice and procedure - Judgment — Declaratory judgments.

Facts: Plaintiffs claimed to be mortgagees and a judgment creditor of the second defendant's ship. First defendant claimed to be lawful owner of the vessel. Plaintiff requested that the proceedings from Admiralty action in rem by the first defendant set aside. Plaintiff alleged that the proceedings were collusive and were undertaken with the object of defrauding them. They further alleged that proceedings were irregular. Declaration was sought that sale of vessel to first defendant was null and void.

Held: The mortgage was extinguished before plaintiff brought action. It would serve no useful purpose to grant declaration sought.

JUDGMENT OF THE COURT:

1 This is an appeal against the decision of the Adjudication Officer dated 17 ^th January, 1974. Prior to the hearing of the appeal the name of Victor Romney, one of the respondents, who has since died was by consent removed from the record, and the matter continued as between the remaining parties.

2 Two claims were filed in this matter, No. 188/4989 by the appellant, and. No. 191/5070 by the respondents. They were both in respect of land situate at West End, Tortola, and both claims were based...