Monique Primus Stewart v Marie Henry Cain

• Jurisdiction: St Vincent and the Grenadines
• Judge: Byer, J.
• Judgment Date: 13 September 2021
• Judgment citation (vLex): [2021] ECSC J0913-2
• Docket Number: SVGHCV2020/0053
• Court: High Court (Saint Vincent)

[2021] ECSC J0913-2

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

SVGHCV2020/0053

Between

Monique Primus Stewart

First Claimant

Samuel Primus

Second Claimant

Josette Primus Bristol

Third Claimant

and

Marie Henry Cain

First Defendant

Rohan Joyles also known as Rohan Giles

Second Defendant

Amos Henry

Third Defendant

Appearances:

Mrs. Maferne Mayers-Oliver for Claimants

Mrs. Ronnia Durham-Balcombe for Defendants

Claimants present

Defendants present

Byer, J.

1 When this court considered this case, the reality show “Neighbourhood Wars” came to mind. But this court is very cognizant that this is not a made for television show but real people with real lives. In fact, this is as real as it gets. These two parties are so entrenched in their positions which make the real tragedy that, whatever determination this court makes in this matter, there will never be any reconciliation and neither side will be able to take this road the sole bone of contention with them to the great beyond.

2 That being said, this court has no difficulty in making this determination and will do so as set out in this decision.

3 In order to understand the genesis of this discord, it is imperative to take a close look at the history of the ownership of the land in question. This is best done using a chronology.

Chronology of land ownership:

• a) In 1965 George Primus conveys parcel of land at Richland Park to Idalyn Lewis recorded as Deed No. 1278 of 1965 (hereinafter referred to as “the Lewis land”).

• b) In 1976 George Primus as administrator of Emma Primus conveys a parcel of land at Richland Park to Olive Sampson recorded as Deed No. 1232 of 1976. The schedule conveyed to Olive Sampson states as follows:

  “ ALL THAT Lot piece or parcel of land situate at Richland Park in the state of Saint Vincent being in extent two and one-half (2 ¹/₂) lots and butted and bounded on One side by lands of the said George Primus on two (2) other sides by lands of Fenneth Lewis on the fourth side by lands of Minelva Williams or howsoever otherwise the same may be butted bounded known distinguished or described TOGETHER with all ways waters watercourses rights lights liberties privileges easements and appurtenances thereto belonging or usually held used occupied or enjoyed therewith or reputed to belong or be appurtenant thereto and TOGETHER also with a four (4) foot road leading from the Public Road over lands of the said George Primus to the said hereditaments hereby assured.” ( My emphasis added) (Hereinafter referred to as “the Sampson land”)

• c) In 1983 Olive Sampson conveyed the Sampson land to Patience Giles also known as Marie Giles under Deed No. 1145 of 1983.

• d) In 1988 Idalyn Lewis sold the Lewis land to Marie and Charles Joyles under Deed No. 443 of 1988. (The court accepts that Marie Giles and Marie Joyles are one and the same person)

• e) In 1988 George Primus died and by Deed of Assent dated 27 August 1997 and registered as Deed No. 2645 of 1997 the remaining parcel of land at Richland Park which he owned was conveyed to his widow. This lot of land is described as:

  “ ALL THAT LOT Piece or parcel of land situate at Richland Park Charlotte Parish St. Vincent containing by admeasurement Thirty-nine Thousand Six Hundred and Ninety-six Square Feet and abutted and bounded on or towards the NORTH partly by lands of Marie Joyles and partly by a Right-of-Way SOUTH partly by lands of Stephanie Stowe and partly by lands of Gladys Hector EAST by a stream and WEST by a Sixteen (16) Foot Road or as the same is delineated on Survey Plan C9/45 prepared by Adolphus Ollivierre Authorised Land Surveyor and approved and lodged in the Lands and Surveys Department on 19th April, 1996 and TOGETHER with all buildings and erections situate thereon and all ways waters watercourses rights lights liberties privileges and all other easements and appurtenances thereto belonging or usually held used occupied or enjoyed therewith or reputed to belong or be appurtenant thereto.” (Hereinafter referred to as “the Primus lands”)

• f) In 2012 the Widow of George Primus executed a Deed of Gift to the second claimant under Deed No. 3751 of 2012. He was conveyed:

  “ ALL THAT LOT PIECE OR PARCEL of land situate at RICHLAND PARK in the Parish of Charlotte in the State of Saint Vincent and the Grenadines being by admeasurement NINE THOUSAND AND THIRTEEN SQUARE FEET (9,013 sq. ft.) as shown on a Survey Plan approved and lodged at the Lands and Surveys Department of this State on the 29 ^th November, 2012 and bearing Drawing Number C22/18 and abutted and bounded on the NORTH by an Existing Four (4') Foot Road on the SOUTH by lands in the possession of the heirs of Gladys Hector on the EAST by the remaining lands of Lot 2 on Plan C10/2 and on the WEST partly by Lot 1 of Plan C10/2 and lands of Plan C21/102 or howsoever otherwise the same may be butted and bounded known distinguished or described TOGETHER with all ways waters watercourses rights lights liberties privileges and easements thereto belonging or usually held used occupied or enjoyed therewith or reputed to belong or be appurtenant thereto.” (Hereinafter referred to as “Samuel's land”)

• g) In 2013 the Widow of George Primus executed a Deed of Gift to the first claimant under Deed No. 1477/2013. She was conveyed:

  “ ALL THAT LOT PIECE OR PORTION OF LAND situate at RICHLAND PARK in the Parish of Charlotte in the State of Saint Vincent and the Grenadines being by admeasurement TWELVE THOUSAND THREE HUNDRED AND THIRTY FOUR SQUARE FEET (12,334 SQ. FT.) being Lot 2 on a plan drawn and prepared by Corliss Murray a licensed Land surveyor and approved and lodged at the Lands and Surveys Department on the 17th day of January, 2013 bearing number C22/43 and butted and bounded on the North by a four (4) feet private road and partly by Lot 1 on the South by lands owned or possessed by the heirs of Gladys Hector on the East by a stream and on the West by lands owned and/or possessed by the heirs of Gladys Hector or howsoever otherwise the same may be abutted bounded known distinguished or described together with all waters watercourses rights lights liberties privileges and all other easements and appurtenances thereto belonging or usually held used occupied or enjoyed therewith or reputed to belong or be appurtenant thereto.” (Hereinafter referred to as “Monique's land”)

• h) In 2020 the Widow of George Primus executed a Deed of Gift to the third claimant under Deed No. 1097/2020. She was conveyed:

  “ ALL THAT LOT PIECE OR PORTION OF LAND situate at Richland Park in the Parish of Charlotte in the State of Saint Vincent and the Grenadines being Lot Number 1 and admeasuring Eight Thousand Seven Hundred And Nineteen Square Feet (8,719 sq. ft.) and butted and bounded on the North partly by a Four (4) Feet Private Road partly by a Right of Way and partly by a stream on the South by lands of the Heirs of Gladys Hector on the East by Lot Number 2 and on the West by lands of Plan C22/18 as the same is delineated and shown on a Survey Plan C22/43 prepared by Corliss Murray a Licensed Land Surveyor and approved and lodged in the Land and Surveys Department on the 17th day of January 2013 or howsoever otherwise the same may be butted bounded known distinguished or described Together with all ways waters watercourses rights lights liberties privileges and all other easements and appurtenances thereto belonging or usually held used occupied or enjoyed therewith or reputed to belong or be appurtenant thereto.” ( My emphasis added) (Hereinafter referred to as “Josette's land”)

4 This is therefore the way the lands were divested, however most importantly it has to be noted that not one of the defendants hold the legal title to the land which they occupy. The defendants all claim to be entitled under the unadministered estate of their mother Patience Giles or Marie Joyles. Upon her death and during her lifetime, they all also claim to have occupied all the lands in question in excess of twenty years.

5 The issue for this court was therefore the status of the right of way as contained in the deed which conveyed the Sampson land. The contention of the claimants is that they are entitled to use the same and not just use it but to utilize vehicles on the same, while the defendants are adamant that their mother bought it and that the right of way is theirs and the claimants are not at liberty to use it.

6 In this court's mind, there can be no dispute that the Deed that conveyed the Sampson land from George Primus conveyed a four-foot road from the “public road over the lands of George Primus”. It must also be considered that at the time of the conveyance of the Sampson land, the land in boundary (although which boundary was not specified) was still owned by George Primus and none of the boundaries set out was a four-foot road. In this court's mind it was therefore upon the conveyance of the Sampson lands to Olive Sampson that this access was in fact created for the first time. This court is therefore mandated to consider only the words of the relevant title deed in which this road was conveyed unless the parties could identify that there was some ambiguity in those same words 1. This was not made an issue.

7 It is alsoclear in this court's mind, that at the time of conveyance of the Sampson lands, this land had no access. There appears to be no demurrer to that. Where the issue however does arise is

when the claimants then go on to claim that this four-foot road was also created for their use. However, this court accepts that this position can only be maintained if the claimants can satisfy the court that there was an implied reservation on the part of their father George Primus that he and his successors in title would also have access over this road or that usage to the Primus family had occurred by way of prescription

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