Maudrie Wilson-Williams v Stanley Williams

f - THE EASTERN CARIBBEAN SUPREME COURT SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE SVGHCV2016/0192 IN THE MATTER OF THE REGISTRATION OF DOCUMENTS ACT, CHAPTER 132 OF THE LAWS OF SAINT VINCENT AND THE GRENADINES REVISED EDITION, 2009 AND IN THE MATTER OF AN APPLICATION BY MAUDRIE WILSON-WILLIAMS FOR THE CORRECTION OF ERROR IN DEED OF CONVEYANCE RECORDED IN THE REGISTRY OF DEEDS THE am DAY OF OCTOBER 1987 AND BEARING REGISTRATION NUMBER 2459 OF 1987 MAUDRIE WILSON-WILLIAMS and STANLEY WILLIAMS CLAIMANT DEFENDANT BETWEEN Appearances: Ms. Samantha Robertson for the claimant. Ms. Nelleen Bute holding papers for Mr. Israel Bruce for the defendant. 2017: Mar. 1 ------------- - - - - - DECISION

[1]Henry, J.: The parties Maudrie Wilson-Williams and Stanley Williams are husband and wife. Mr. Williams transferred a parcel of land to his wife and brother Bertie Wilson in 19871 by Deed of 1 On 25th September. Conveyance 2459 of 1987. Bertie Wilson has since passed away. Mrs. Williams claims that her Christian name and her husband's were incorrectly entered on the Deed as 'Marjorie' and 'Standley' respectively. She has a brought a claim to have those errors corrected. Mr. Williams did not oppose the claim.

ISSUE

[2]The issue is whether the parties' Christian names in the Deed of Conveyance should be corrected?

ANALYSIS

Issue - Should the parties' Christian names in the Deed of Conveyance be corrected?

[3]The facts of this case are undisputed. Both parties testified. Mrs. Williams produced copies of the Deed of Conveyance, death certificate in respect of Bertie Wilson, and Mr. Williams' and her birth certificates containing the Christian names 'Maudrie' and 'Stanley' respectively. Mr. Williams produced a copy of his national identity card identifying him as 'Stanley Joseph Williams' and testified that the assertions made by Mrs. Williams are factual.

[4]Section 17 (c) of the Registration of Documents Act, ('the Act')2 empowers the court to make an order correcting any imperfections in a deed registered pursuant to its provisions. Having heard the parties, I am satisfied that their testimony establishes that their Christian names were erroneously entered in the subject Deed of Conveyance as 'Marjorie' and 'Standley' respectively instead of their correct names of 'Maudrie' and 'Stanley'. In those circumstances, it is just that the Deed of Conveyance be corrected to reflect their correct Christian names. It is ordered that:- 1. The claim to rectify Deed of Conveyance No. 2459 of 1987 is granted. 2 Cap. 132 of the Revised Laws of Saint Vincent and the Grenadni es, 2009. 2. Deed of Conveyance No. 2459 of 1987 made between 'Standley' Williams of the One Part and Bertie Wilson and 'Marjorie' Williams of the Other Part be and is hereby rectified by replacing the Christian name: (a) 'Standley' with the name 'Stanley'; and (b) 'Marjorie' with the name 'Maudrie'; wherever they appear in the Deed. 3. The Registrar of Deeds is directed to rectify the Deed of Conveyance No. 2459 of 1987 by making the corrections in sub-paragraph 2 of this order. 4. No order as to costs.

Esco L. Henry

HIGH COURT JUDGE

THE EASTERN CARIBBEAN SUPREME COURT SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE SVGHCV2016/0192 IN THE MATTER OF THE REGISTRATION OF DOCUMENTS ACT, CHAPTER 132 OF THE LAWS OF SAINT VINCENT AND THE GRENADINES REVISED EDITION, 2009 AND IN THE MATTER OF AN APPLICATION BY MAUDRIE WILSON-WILLIAMS FOR THE CORRECTION OF ERROR IN DEED OF CONVEYANCE RECORDED IN THE REGISTRY OF DEEDS THE am DAY OF OCTOBER 1987 AND BEARING REGISTRATION NUMBER 2459 OF 1987 BETWEEN MAUDRIE WILSON-WILLIAMS CLAIMANT and STANLEY WILLIAMS DEFENDANT Appearances: Ms. Samantha Robertson for the claimant. Ms. Nelleen Bute holding papers for Mr. Israel Bruce for the defendant. 2017: Mar. 1 DECISION

[1]Henry, J.: The parties Maudrie Wilson-Williams and Stanley Williams are husband and wife. Mr. Williams transferred a parcel of land to his wife and brother Bertie Wilson in 19871 by Deed of 1 On 25th September. Conveyance 2459 of 1987. Bertie Wilson has since passed away. Mrs. Williams claims that her Christian name and her husband’s were incorrectly entered on the Deed as 'Marjorie' and 'Standley' respectively. She has a brought a claim to have those errors corrected. Mr. Williams did not oppose the claim. ISSUE

[2]The ISSUE is whether the parties’ Christian names in the Deed of Conveyance should be corrected? ANALYSIS Issue – Should the parties’ Christian names in the Deed of Conveyance be corrected?

[4]Section 17 (c) of the Registration of Documents Act, (‘the Act’)2 empowers the court to make an order correcting any imperfections in a deed registered pursuant to its provisions. Having heard the parties, I am satisfied that their testimony establishes that their Christian names were erroneously entered in the subject Deed of Conveyance as ‘Marjorie’ and ‘Standley’ respectively instead of their correct names of ‘Maudrie’ and ‘Stanley’. In those circumstances, it is just that the Deed of Conveyance be corrected to reflect their correct Christian names. It is ordered that:-

1.the claim to rectify Deed of Conveyance No. 2459 of 1987 is granted. 2 Cap. 132 of the Revised Laws of Saint Vincent and the Grenadni es, 2009.

[3]The facts of this case are undisputed. Both parties testified. Mrs. Williams produced copies of the Deed of Conveyance, death certificate in respect of Bertie Wilson, and Mr. Williams' and her birth certificates containing the Christian names 'Maudrie' and 'Stanley' respectively. Mr. Williams produced a copy of his national identity card identifying him as 'Stanley Joseph Williams' and testified that the assertions made by Mrs. Williams are factual.

4.No order as to costs. < p align=”right”> Esco L. Henry HIGH COURT JUDGE

2.Deed of Conveyance No. 2459 of 1987 made between ‘Standley’ Williams of the One Part and Bertie Wilson and ‘Marjorie’ Williams of the Other Part be and is hereby rectified by replacing the Christian name: (a) ‘Standley’ with the name ‘Stanley’; and (b) ‘Marjorie’ with the name ‘Maudrie’; wherever they appear in the Deed.

3.The Registrar of Deeds is directed to rectify the Deed of Conveyance No. 2459 of 1987 by making the corrections in sub-paragraph 2 of this order.