Steve Joseph Claimant v (1) Leona Cornelius (2) Addison Cornelius Defendants [ECSC]

• Jurisdiction: Antigua and Barbuda
• Judge: MICHEL, J.
• Judgment Date: 14 June 2011
• Judgment citation (vLex): [2011] ECSC J0614-1
• Court: High Court (Antigua)
• Docket Number: CLAIM NO: ANUHCV 2009/0045
• Date: 14 June 2011

[2011] ECSC J0614-1

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

CLAIM NO: ANUHCV 2009/0045

Between:

Steve Joseph

Claimant

and

(1) Leona Cornelius

(2) Addison Cornelius

Defendants

MICHEL, J.

1 By Fixed Date Claim Form (with accompanying Statement of Claim) filed on 26^th January 2009 the Claimant Steve Joseph, claimed against the Defendants, Leona Cornelius and Addison Cornelius, the following relief:

• 1. Possession of land situate in Urlings Village in the Parish of Saint Mary in Antigua and Barbuda and registered and recorded in the Land Registry as Registration Section: South West; Block: 55-1382E; Parcel: 38 in the name of the Claimant;

• 2. An order that the Defendants do remove the house resting on the Claimants land;

• 3. An order that the Defendants are trespassers on the Claimants land;

• 4. Damages for trespass against the Defendants;

• 5. Interest pursuant to the Eastern Caribbean Supreme Court Act, Cap. 143;

• 6. Such further or other relief as this Honourable Court deems just

• 7. Costs.

2 By Amended Defence filed on 6^th April 2009 (amending a previously-filed defence) the Defendants disputed the Claimant's claim and asserted their reliance on a proprietary estoppel and an overriding interest.

3 After various interlocutory applications and orders and an unsuccessful attempt at mediation, the case came to trial on 14^th December 2010.

4 At the trial, the Claimant gave evidence on his own behalf and called two witnesses, Messrs Wigley George and Melville Greene, while the Second Named Defendant was the only witness for the defence.

5 In his witness statement, the Claimant stated that he was the owner and entitled to possession of the parcel of land in dispute between the parties, having purchased it from the Antigua Trades and Labour Union (ATLU) in or about 2006. He stated that there are two chattel houses on the parcel of land, one owned by him and the other owned by the Defendants. He stated that his parents were tenants of the ATLU in respect of the portion of the land where their chattel house was located and paid the annual sum of $120 to the ALTU by way of rental for the land. He stated that his father died in 1988 and his mother died in 2004 and he continued to rent from the ATLU. He stated that in 2005 and/or 2006 he approached the ATLU with a view to purchasing the parcel of land from the union and was advised by the President of the ATLU, Mr. Wigley George, that since the Defendants were on the land living in their mother's chattel house, it may be best to discuss the matter with the Defendants whose mother was a tenant of the ATLU prior to her death. He stated that he was subsequently approached by the Second Named Defendant who advised him that he (the Second Named Defendant) wanted to purchase the parcel of land, whereupon he told the Second Named Defendant that since they both had houses on the parcel of land they could purchase it jointly. He stated that the Second Named Defendant told him that he would get back to him, but he never did. He stated that months later he enquiredof the ATLU as to whether the land was still available for sale and he was advised by Mr. George that the Second Named Defendant had made no further attempts to finalize the purchase and that he (the Claimant) could purchase the land if he was still willing to do so. He stated that he agreed to purchase the parcel of land at a price of $17,000, which amount was paid to the ALTU on or about 11^th May 2006 and on or about 31^st May 2006 he received title to the land. He stated that he then informed the Defendants of his purchase of the parcel of land and requested that they pay him rent of $400 per year for their use of the land, which they did not agree to and so he caused a letter dated 1^st March 2007 from Attorney John Fuller to be written to them giving them notice to quit and deliver up possession of his land. He stated that a further letter dated 20^th August 2008 from Attorney Sherrie Ann Bradshaw was written and delivered to the Defendants giving them notice of revocation of licence and requiring them to deliver up vacant possession of the land by 21^st September 2008. The Claimant stated that to date the Defendants have failed and/or refused to vacate his land and remain in wrongful occupation of the land by reason whereof he has been deprived of the use of the land and has suffered loss and damage.

6 In his witness statement Mr. Wigley George stated that he was the President of the ATLU for 14 years and was tasked, inter alia, with the sole responsibility of executing all documents for the union. He stated that the mothers of the Claimant and of the Defendants (the Defendants being siblings of each other) were tenants of the ATLU for a number of years. He stated that sometime around 2005 and/or 2006 the Claimant and the Second Named Defendant both approached the ATLU with a view to purchasing the parcel of land on which both of their houses stood. He stated that after discussions with the Claimant and the Second Named Defendant it was decided to sell the parcel of land to the Second Named Defendant, but then months went by without the Second Named Defendant attempting to finalize the purchase of the land and he was instead insisting on the ATLU dealing with the Claimant and the tenant on the land. He stated that negotiations with the Second Named Defendant towards the purchase of the land broke down and the ATLU sold the parcel of land to the Claimant. He stated that the ATLU had a tenancy agreement with the now-deceased mother of the Defendants for the rental of aportion of land to her, but that there was no tenancy agreement with the Defendants or any tenancy agreement with an option to purchase the parcel of land.

7 In his witness statement, Mr. Melville George stated that he is an executive member and trustee of the ATLU and has held these positions for over 15 years and that he was responsible for dealing with lands. His evidence, as per his witness statement was substantially the same as that of Mr. Wigley George.

8 In his witness statement the Second Named Defendant stated that he is the brother of the First Named Defendant and that they are both children of Ms. Rachel Browne, who died in 2002. He stated that the land now in dispute is the site of his family home where he was born. He stated that his mother made an attempt to purchase the property from the ATLU many years ago, probably as far back as the 1960s, but she was hindered in her acquisition of the property. He stated that over the years he went to the office of the ATLU with his mother to pay the rent and to negotiate for the purchase of the property and that eventually there was a board meeting around 1997 or 1998 where the ATLU confirmed its decision to sell the property to his family. He stated that the Claimant got wind of the fact that the Defendants were trying to purchase the property and he then approached the Second Named Defendant and proposed that the property be purchased jointly. He stated that he told the Claimant that he didn't think it would be possible because the property was too small to be subdivided. He stated that after that he (the Second Named Defendant) came to an agreement with the ATLU with respect to the purchase price and met at the office of his lawyer. He stated that he signed a transfer document at his lawyer's office, as did Mr. Green, but Mr. George did not sign because he (the Second Named Defendant) questioned Mr. George about the status of the Claimant's chattel house that remained on the land. He stated that this was in 2005. He stated that sometime later he received a call from the Claimant informing him that he had bought the land and that he (the Second Named Defendant) should start to pay rent to the Claimant He stated that he called Mr. George and asked him what was going on and Mr. George told him that he had sold the property to the Claimant. He stated that at all times the ATLU was aware of his family being on the land and their use of it, including the building of the bathroom in the 1970s,the building of the kitchen in the 1980s and the reconstruction of the kitchen in 2003, all with concrete foundations and which attached the house to the land. He stated that all this was done with his family labouring under the understanding that they will obtain the land and it was just a matter of it being finalized with the union. He stated that at the time of the Claimant's purchase of the land the Defendants were in occupation of the land and he does not know why the Claimant failed to enquire of them what was their status and rights before finalizing the purchase. He stated that he cannot see how it is right for the Claimant to now seek to drive the Defendants out of their family home and away from their land and that the Defendants are still prepared to purchase the land at a fair price.

9 At the conclusion of the trial both parties were ordered to file written submissions on or before 11^th January 2011. None of the parties filed written submissions within the time stipulated, but written submissions were filed on behalf of the Defendants one month later on 11^th February 2011. By Consent Order dated 15^th April 2011 it was ordered that the closing submissions hitherto filed in the matter are deemed properly filed and the parties are relieved from sanctions for their late filing. Closing submissions were, however, then and even now filed on behalf of the Defendants only. The Court will accordingly determine the case based on the statements of case and the evidence and will consider the submissions and authorities filed on behalf of the Defendants.

10 It is common ground between the parties that the Claimant is the registered proprietor of a parcel of land situate at Urlings Village in the Parish of St Mary in Antigua and Barbuda, which parcel of land is registered and recorded in the Land Registry as...