Leo Joseph v Junior Joseph

• Jurisdiction: St Vincent and the Grenadines
• Judge: Thom J
• Judgment Date: 31 March 2025
• Judgment citation (vLex): [2025] ECSC J0331-4
• Court: High Court (Saint Vincent)
• Year: 2025
• Docket Number: CLAIM NO. SVGHCV2022/0014

Between:

Leo Joseph

Claimant

and

Junior Joseph

Defendant

Before:

The Her Ladyship the Hon. Justice Gertel Thom (Ag.) High Court Judge

CLAIM NO. SVGHCV2022/0014

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Appearances:

Ms. Kensha Theobalds of Counsel for the Ciaimant

Mr. Art Williams of Counsel for the Defendant

Introduction

1 Thom J (Ag): This is a claim for possession of a parcel of land measuring 13,110 sq. ft of land situate at Fair Hall and bearing registration number 3422 of 2007 (the subject land).

2 The claimant Leo Joseph is the brother of the defendant Junior Joseph. Leo Joseph claims that the property was gifted to him by his father Leon Davis in 2007. Leon Davis had received the land as a gift from his mother Christiana Davis in 1982. The deed of gift was registered as No.1697of 1982.

3 Junior Joseph resides in a structure on a portion of the property (the disputed land) that was once a shop which was built and operated by one Arden Martin.

4 Leo Joseph by his solicitor, wrote to Junior Joseph on 20 ^th February 2016 and on 6 ^th August 2020 giving him notice to vacate the property. Junior Joseph having failed and or refused to vacate the property, Leo Joseph instituted these proceedings.

Pleaded Case

5 Leo Joseph in his claim which was filed on the 3 ^rd day of February 2022 contends that he is the lawful owner of the property by Deed No. 3422 of 2007. Since 2007 he has continuously exercised ownership of the property by cleaning the property and paying the property tax. Junior Joseph resides in a “board structure that' was once a shop on the property. He has made several oral requests of Junior Joseph to vacate the property, and he caused his solicitor to send Junior Joseph two notices to vacate the property in 2016 and 2020, but Junior Joseph has failed to do so. Junior Joseph has fenced part of the property using old galvanize in an attempt to prevent him from accessing his property.

6 Mr. Joseph seeks the following reliefs:

• (a) A declaration that he is the fee simple owner of the property.

• (b) A declaration that he is entitled to possession of the property.

• (c) A mandatory injunction compelling Junior Joseph to vacate the property.

• (d) Such other reliefs as the Court deems fit.

• (e) Costs.

7 In his defense Junior Joseph contends that Leo Joseph was not all material times the owner of the property. He only became owner in 2007. Leo Joseph first visited the property around 2020 and cut down a breadfruit tree, three coconut trees and a zaboca tree.

8 Junior Joseph claimed that he was not in occupation of the property, but only in exclusive possession of 4,197sq.ft (the disputed land) of the property. He has been in exclusive possession from about early 1970's. He has converted a shop into a house where he resides on the disputed land. He has planted several crops on the land. He sells the produce for his livelihood.

9 Leo Joseph's title to the disputed land has extinguished by virtue of the Limitation Act Chapter 129 of the Revised Laws of State Vincent and the Grenadines 2009.

10 In his counterclaim Junior Joseph seeks the following r liefs:

• (a) A declaration that Mr. Joseph's title to the disputed land is extinguished by virtue of the Limitation Act.

• (b) A declaration that he has been in exclusive possession of the disputed land for a period in excess of 12 years and is entitled to occupy and possess it by virtue of the Possessory Titles Act Ch.328

• (c) An injunction prohibiting Mr. Leo Joseph and/or his servants or agents from preventing him from enjoying his right to quiet and peaceful enjoyment of the said land

• (d) Costs

• (e) Such further or other reliefs

Evidence

11 Leo Joseph testified and called one witness being Brian Joseph. Junior Joseph testified and he called two witnesses being Arden Martin, and Irene Roberts.

Leo Joseph

12 Leo Joseph testified that the property was gifted to him in 2007 by his father as evidenced in Deed No. 3422/2007. Since 2007 having received his Deed, he has gone onto the property continuously and cleared the land. Junior Joseph his brother resides on the land in a “board structure” that once housed a shop. He has on several occasions orally requested Junior Joseph to vacate the property. His requests have been met with threatening language. Junior Joseph fenced part of the property with old galvanize to exclude him from the property. He caused his lawyer to give notice to Junior Joseph dated 20 ^th February 2016 to vacate within three months. Junior Joseph having failed to vacate the property he caused his Solicitor to send a further letter dated 26 ^th August, 2020, to offer to sell Junior Joseph the property and if he declines the offer and refuses to vacate the property, legal proceedings would be instituted against him to recover possession of the land.

13 Leo Joseph exhibited several property tax receipts for the property.

14 In his witness summary dated the 14 ^th day of November 2024, he stated that after his father gave him the Deed of gift, his father showed him the boundaries of the property. In 2007, he took a group of workmen including, Clare, Sam, Joseph, Berisford Davis aka King and Brian Joseph also known as Brian Davis with him on the property to trim and clean the entire property (13,110 sq.ft), including the area where Junior Joseph resides. He cut down a breadfruit tree, a coconut tree, and a Zaboca/avocado tree. Junior Joseph was present. When the clearing was finished, Junior Joseph came from inside of the house that is situated on the disputed land and sat on the steps to the house with him and they “old talked and laughed.” Junior Davis did not prevent him from clearing the property which includes the disputed land.

15 When Christiana Davis gifted the property to Leon Davis, Leon Davis requested Arden Martin to vacate the property, and he did so. Junior Joseph then occupied the shop on the disputed land with the permission of their father Leon Davis. Prior to living on the disputed land, Junior Joseph rented a house at Belair, Fountain and Fairbairn Pasture. He offered to give Junior Joseph a piece of land at the back of the property because they had a good relationship. He has not visited the property between 2021–2024 because of threats from Junior Joseph.

16 Under cross-examination Leo Joseph testified that he was born on the property. He grew up with his grandmother Christiana Davis. He agreed that the shop was built by Arden Martin but he could not recall when the shop was built. Arden Martin operated the shop for several years. He was not present when Arden Martin stopped operating the shop. He did not observe any addition to the structure left by Arden Martin.

17 He tried to get Junior Joseph off the land when he got his Deed. Leo Joseph was shown a copy of a survey plan prepared on the instruction of Junior Joseph and he agreed that was the area occupied by Junior Joseph. He also agreed that Junior Joseph has been occupying the land since Arden Martin left. He insisted that it was their father Leon Joseph who gave Junior Joseph permission to reside on the disputed property until he (Leo Joseph) was ready to use the land. He cleared the whole land one Sunday. The area cleared included the disputed land.

Brian Joseph

18 In 2007 he went with Leo Joseph his father and some other men to the property and cleaned the entire land. They also trimmed and cleared the disputed land. After the clearing was completed, Junior Joseph had a friendly conversation with them. About three months later he returned to the property and sprayed the entire property including the disputed land. Junior Joseph saw him spraying the property and they spoke amicably. During the years, family members visited the property and there was no difficulty.

19 Under cross-examination Brian Joseph testified he was present when the property was surveyed. He was shown a survey plan dated 2024. He testified that he did not know when the survey was done. He could not recall the year. It was after the survey was done, that the trees were cut and the property cleared. Under re-examination he clarified that the survey he referred to, was the survey commissioned by his father.

Defendant's Evidence

Arden Martin

20 In his witness summary Arden Martin stated that Junior Joseph is his cousin they shared the same grandmother Christiana Davis.

21 In the 1970's or 1980's he built a shop on the disputed land having received permission from Christiana Davis. Junior Joseph now resides in the structure on the disputed land. Junior Joseph expanded the shop and renovated it. He bought a “board house” from someone and added it onto the back of the shop. He uses this area as his bedroom. Junior Joseph has been paying property taxes for the land.

22 Under cross-examination, Arden Martin testified that he built the shop around 1982. He operated the shop for about ten (10) years. Christiana Davis was alive when he moved off the land.

23 The shop is a “board structure” with a concrete foundation. Junior Joseph built an addition to the shop. Junior Joseph bought a “board house” from someone and added it to the back of the shop. He (Arden Martin) lives next to the property. Several family members live next to the property.

Irene Roberts

24 In her witness statement, Irene Roberts testified that she is the sister of Leo Joseph and Junior Joseph. She resides in Trinidad and Tobago. She assisted Junior Jospeh in getting the survey plan for the disputed land. Junior Joseph added a room to the back of the shop. He has not paid rent or accounted to anyone for the disputed land.

25 Under cross-examination Irene Roberts testified that she was not living in St. Vincent when Arden Martin left the disputed land where he was operating a shop. Both her grandmother and her father gave Junior Joseph permission to occupy the disputed land. Junior Joseph was in...