Crump et Al v Frank

• Jurisdiction: Antigua and Barbuda
• Judge: Thomas, J.
• Judgment Date: 30 July 2007
• Neutral Citation: AG 2007 HC 38
• Docket Number: ANUHCV 0247 of 2004
• Court: High Court (Antigua)
• Date: 30 July 2007

High Court

Thomas, J.

ANUHCV 0247 of 2004

Crump et al

and

Frank

Appearances:

Mr. John Fuller for the claimants.

Ms. Samantha Marshall for the defendant.

Real property - Ownership — Land was owned by the Crown by virtue of the Barbuda Act — No evidence of allotment in favour of either party — No locus standi — Parties were declared equally entitled to possession — Claim dismissed.

Thomas, J.

1 By fixed date claim filed on 30th June 2004, the claimants claim against the defendants:

1

A declaration that the claimants are beneficially entitled to an interest in the house situate in Codrington Barbuda and forming part of the estate of the mother of all the parties, Italas James. 2. An order that the defendant to be prevented from denying us the claimants, access to the said house. 3. An order that the claimants and the defendant are equally entitled to possession of the said house. 4. Costs.

2 In their affidavit in support filed on 30th June 2004 the claimants depose, in part, as follows:

• “3. We along with the defendant and Kenford Frank are the lawful children of Italas James (deceased) who last resided at 1050 Wheeler Ave, Apt 2V, Bronx NY, 10472 and who died on the 5th day of October 1995 in New York in the United States of America. True Copies of the birth certificates of we, the claimants, are attached hereto and marked “FC1” and “FC2” respectively. A true copy of the death certificate of Italas James is attached hereto and marked “FC3”.

• 4. We, the claimants, the defendant and Kenford Frank are entitled to equal shares in the estate of Italas James.

• 5. The said Italas James was a national of Antigua and Barbuda.

• 6. Prior to her death, Italas James, owned a wooden house with a concrete foundation in Codrington, Barbuda.

• 7. No one has applied for letters of administration in the estate of the said Italas James.

• 8. The defendant has sought to utilise and renovate the said wooden house to the exclusion of us, the claimants and our brother, Kenford Frank, and has denied access to the claimants, saying that she did not want anyone staying at the said house.

• 9. In the premises, we ask that the Court grant an injunction for the defendant to be prevented from denying us, the claimants, access to the house of our dear departed mother, Italas James and pray this Honourable Court will grant the order as prayed.”

3 The defendant in her affidavit in response filed on 18th.February 2005 deposes as follows:

• “1. That I am the defendant herein and I have read the Claim Form and Supporting Affidavit of the claimants herein and I make this Affidavit in response to the Claim and the statements of the claimants as made in the aforesaid Affidavit herein.

• 2. That I am the daughter of Italas James and the sister of the claimants Foster Crump and Kethurah Charles. We also have another sibling being Kenford Frank, whom is not a party to this suit.

• 3. That the property to which the claimants are seeking a declaration of the Court as to having an interest in the said property was property first owned and/or occupied by our grandmother, Kethurah James.

• 4. That it was on that same property that our mother Italas James and her 2 other siblings grew up. However, of the 3 children for my grandmother only my Aunt Georgiana James is alive to date.

• 5. That our mother had lived on the said property for all of her life up until sometime in or about the late eighties early nineties when our mother moved to the United States of America until her death in October, 1995.

• 6. That during the time that my mother had resided in Barbuda on the property aforesaid I had always assisted her financially not only to care for herself but also to assist in repairing and/or renovating the said house.

• 7. That initially the house was a wooden chattel house and in time the house began to deteriorate. It was I, without any assistance whether financial or otherwise, from the claimants herein who paid for the materials and labour necessary to construct in concrete to the said house a kitchen, a bathroom and another bedroom. Hence making the house a 2 bedroom house.

• 8. That whilst our mother was alive and residing in the house I would send all monies necessary to do the relevant repairs or renovation works direct to her, but I would ask a family friend, one Mr. Constance Charles, also of Barbuda, to hire and supervise the builder to carry out the necessary works.

• 9. That again as time passed the house became in need of serious repair in particular the wooden part of the house and it was costing me more to keep repairing the house, hence I demolished the wooden structure of the house in stages and began to rebuild it with concrete. As done on all other occasions I sent the money with instructions for her to give Mr. Charles the sums he required to have the necessary building/repair works done.

• 10. That after our mother died in October, 1995 and I sometime thereafter had the whole structure of the said house demolished. This was as a result of the fact that the house had not stood up well under several Hurricanes and also through no lack of maintenance during my mother absence had badly deteriorated.

• 11. That on the same property I rebuilt a completely new and larger concrete structure with 2 bedrooms and 1 bathroom and a verandah.

• 12. That to rebuild this structure I requested the services of Andre Chapiteau to design and construct the roof of the said house as well as to do major renovation work so as to keep the unique design and Mr. Chapiteau with Mr. Len Beazer did the construction...