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.A.
• Judgment Date: 14 July 1976
• Neutral Citation: VG 1976 CA 9
• 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 - Land disputes.

Facts: Two claims were filed in respect of same land. Both claims were based on documentary title. At the hearing, counsel for the appellant applied for adjournment on ground that his client was ill. The application refused. Officer heard matter and acting solely on respondent's evidence, declared parties to be joint proprietors with absolute title.

Held: Matter remitted to officer to determine the rights of the parties after hearing evidence from both sides.

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 on documentary title.

3 At the hearing on 17 ^th January, 1974, an application was made by counsel for the...