Re Baptiste Walter
| Jurisdiction | St Vincent and the Grenadines |
| Judge | Henry, J. |
| Judgment Date | 28 June 2018 |
| Neutral Citation | VC 2018 HC 40 |
| Date | 28 June 2018 |
| Court | High Court (Saint Vincent and the Grenadines) |
| Docket Number | SVGHPT2017/0032 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
Henry, J.
SVGHPT2017/0032
IN THE MATTER OF AN APPLICATION BY WALTER BAPTISTE FOR A DECALRATION OF POSSESSORY TITLE OF LAND
Mr. Cecil Blazer Williams of counsel for the applicant.
Real property - Adverse possession — Application for possessory title.
Mr. Walter Baptiste made 1 an application for a declaration of possessory title to a parcel of land situated at Sion Hill in the Parish of Saint George in the State of Saint Vincent and the Grenadines. It is approximately 2,855 sq. ft. and is depicted on survey plan G62/43. No objection was lodged against the application.
Mr. Baptiste alleged that he lived in a house on the land with his mother Robertha Baptiste from his childhood. He testified that she passed away on January 26 th 1973 and that he continued living there after her death. He averred that he made substantial repairs to the house in 2011 when it became dilapidated and that he also fenced the property to keep out trespassers.
Mr. Baptiste stated that he pays the land taxes for the property. He claimed that he picks fruit from the paw paw, golden apple and soursop trees on the property and has fenced it to keep out trespassers. He claims that he has enjoyed exclusive and undisturbed possession over the said lands in excess of 12 years and is therefore entitled to a declaration of possessory title.
He did not indicate who constructed the house which he renovated. He did not say whether his mother was survived by a spouse or other children. If there were and if his mother died intestate, such persons could conceivably claim an interest in the said lands. Mr. Baptiste was invited to file written submissions to address the relevance of the Administration of Estates Act 2 to his application. He did so. The application is denied.
The sole issue is whether a declaration of possessory title should be granted to Walter Baptiste.
Mr. Baptiste provided affidavit testimony as did his witnesses Cheryl Rosemary Hannibal and his daughter Cecelia Jacqueline Williams. They testified that they are 87, 62 and 73 years old respectively. Mr. Baptiste stated that his mother died on January 26 th 1973 and that she was unmarried. He produced a death certificate in respect of Robertha Baptiste. He indicated that his mother had other children, namely Grafton Baptiste and Keitha Baptiste. He said that Grafton has passed away, but that Keitha lives at Sion Hill.
Roughly a week later Mr. Baptiste filed a supplemental affidavit. He did not seek permission to do so as he should have, since he had already closed his case. The Court will consider its contents in the interest of justice. In it, Mr. Baptiste deposed that he is 88 years old and not in good health. He averred that his earlier testimony regarding Keitha's death is not accurate. He deposed that he did not at that time recall that his sister Keitha was also dead. He averred that she is deceased and he
produced a death certificate 3 which records the death on 5 th May 2004 of Keitha Williams of Sion Hill. I accept that she is deceased.I note that she survived her mother. Mr. Baptiste did not indicate whether his sister had children who survived her. If she did, those children would be entitled to their mother's interest in the subject property, unless she left a Will to contrary effect. There is no evidence before the Court of those matters.
The referenced land at Sion Hill is delineated in Survey Order No. P291/2017 on survey plan G62/43. The survey plan which was approved and lodged at the Lands and Survey Department on 29 th May 2017 by Chief Surveyor Keith Francis. It is bounded:
On or towards the North- East by lands of Rosalie Hannibal, on or towards the South- East by an access road, on or towards the South-West by lands of Michelle Wiseman, on or towards the North-West by a public road.
Mr. Baptiste claimed that he has paid the land taxes since 1973. He produced a bundle of photocopied receipts issued by the Kingstown Town Board, St. Vincent 4 and the Inland Revenue Department 5. They appeared on the face to reflect payment of taxes for the revenue years 2011, 2002, 2003, 2004–2011, 2013, 2015, 2016 and 2017. They appeared to have been issued in June 2001, May 2002, July 2002, July 2003, October 2013, September 2015 and March 2017 respectively. The reference number on the receipts is #1/10/1/36 Sion Hill. Other receipts referred to property ID#8453PP298371. The originals were not provided to the Court for verification.
Mr. Baptiste's daughter Cecelia Williams deposed that she has lived with her father in the dwelling house on the said land from since she has known herself, until 1984 when she moved to her own house in Sion Hill. She corroborated her father's account that he has lived on the subject property
since his mother's death, has fenced it and pick fruits from the trees there. She indicated that he left it in 2011 because of the poor condition of the property.She asserted that she knows of no one who is claiming to the owner of the property and that she considered her father to be the rightful owner. Ms. Hannibal's testimony was almost identical. She deposed also that she owns land which has a common boundary with the subject lands.
Mr. Baptiste filed a survey plan of the subject lands, a valuation report which estimated the value to be approximately $47,900.00. He filed copies of notices. They were not certified or authenticated in accordance with section 51 of the Evidence Act 6.
Ms. Valtrice Butler deposed that she is a Secretary in the law chambers of Cecil A. Blazer Williams. She stated that the law chambers caused notices of the referenced application in publications of the Vincentian and Searchlight Newspapers on Friday September 1 2017 and Friday October 13 th 2017 respectively. She did not say why the actual newspaper publications or certified copies were not tendered into evidence. Mr. Baptiste made no submissions on that point.
He complied with other statutory notification requirements which stipulate that the neighbouring landowners be served with notices of his application and that copies of the notice be placed in a conspicuous place at the Magistrate's Court in his district and at the High Court Registry office.
Mr. Baptiste submitted that the application cannot be properly adjudicated on, without consideration of the Limitation Act, Cap. 129 of the Revised Laws of Saint Vincent and the Grenadines, 2009, the Possessory Titles Act, Cap 328 of the Revised Laws of Saint Vincent and the Grenadines, 2009 in relation to the Administration of Estates Act Cap. 486 the Revised Laws of Saint Vincent and the Grenadines, 2009. He rehearsed paragraph 5 of his application in support.
It states:
‘The applicant has been in exclusive and undisturbed possession of the said parcel of land for over twelve (12) years as appears by the following facts:
(a) The applicant lived in the house on the said parcel of land from his childhood with his mother, Robertha Baptiste, deceased, who died on January 26 th 1973. He continued to live in the said house after her death.
(b) The applicant lived in the house until 2011 when it became dilapidated and in need of repairs.
(c) The applicant has fenced the land to keep out trespassers.
(d) The applicant picks fruits from the said land. These include paw-paw, golden apple and soursop.
(e) The applicant pays the Land and House Tax for the said parcel of land.
Mr. Baptiste pointed out that paragraph 6 of the application states: ‘The applicant claims on his own behalf ownership of the said parcel of land.’ He submitted that when a person dies intestate, his real and personal estate vests in the Chief Justice, pursuant to section 31 of the Administration of Estates Act. He submitted further that section 47 of the same Act provides that on the death of an intestate, his real and personal estate is held by his personal representative on trust for sale on the one hand and on trust to call in the same, sell and convert into money on the other hand. That indeed is the law.
Mr. Baptiste referred to section 62 of the Act which provides for the children of an intestate to share equally in such estate. He argued that he is not his mother's personal representative. He submitted that he has made no application for administration of Robertha Baptiste's estate. He contended that she died intestate without proper title to the subject lands. It appears that she did. The Court remains mindful however that a concrete house 7 sits on the said lands. I infer from Mr. Baptiste's account that the house was built by his mother. In that regard, the mother's interest in the house devolves to her beneficiaries, on her death, even if she had not obtained title to the land.
Mr. Baptiste argued that he is one of three children and that his siblings are deceased. I accept this to be the case. He submitted that the Court should consider two situations before making a restrictive application of section 62 of the Administration of Estates Act.
There is no evidence that all of the siblings approved the application. I draw no such inference from the witnesses' testimony. I make no finding that such approval has been granted by the referenced siblings and note that in this regard, Keitha Baptiste died over 14 years ago. It is not clear when Grafton passed away.
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1. Firstly, where all siblings are deceased; and
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2. Secondly, where all siblings approve of the application.
Mr. Baptiste contended that the provision of section 7 of the Possessory Titles Act for notice and advertisement to the rest of the world gives person entitled ‘through...
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