Kenneth Silcott v Joseph Abraham Skerritt

IN THE EASTERN CARIBBEAN SUPREME COUR IN THE HIGH COURT OF JUSTICE COLONY OF MONTSERRAT (CIVIL) A.D 2016 CLAIM NO. MNIHCV2015/0030 BETWEEN: KENNETH SILCOTT Applicant/Defendant and JOSEPH ABRAHAM SKERRITT (As the lawful executor of the Estate of Christiana Elizabeth Skerritt, deceased and trespass to land) Respondent/Claimant APPEARANCES: Mr. Kharl Markham for the Applicant Mr. Jean Kelsick for the Respondent 2016: April 4 2016: April 8 RULING [1 ] REDHEAD J. (ag): The Claimant Joseph Abraham Skerritt in his Fixed Date Claim filed on 7 111 October 2015 seeks among other things a declaration that the Defendant Kenneth Silcott is a trespasser to land at Davy Hill Parcel 38 Block 14/4 and that be, the defendant holds all rent collected by him in trust for the Claimant.

[2]The Claimant was the son of Christiana Elizabeth Skerritt who was the daughter of Abigail Greenaway. (3) In his Defence, the defendant alleged by paragraph 3 thereof that the he, the defendant is the son of late Daniel Daley and further stated that his father Daniel Daley was the son of the late Abigail Greenaway and the brother of Christiana Elizabeth Skerritt. The late Christiana Elizabeth Skerritt was by extension the aunt of the defendant. [ 4] The defendant alleged that his grandmother Abigail Greenaway made a Will on or about 4 111 July 1975 and therein made devices of her real property at Davy Hill to her children John Greenaway, Mary Skerritt, Daniel Daley, Mary Tuitt and her grandson Wi lliam Daley. (5) The defendant in his defence contended that his father Daniel Daley was one of the beneficiaries of Block 14/4 Parcel 38 and that he is entitled to inherit his father's interest in the land. [ 4] The defendant, Kenneth Silcott, by his Counsel makes application to the Court for an Order that the Estate of Denys Daniel Greenaway (also referred to as the Estate of Daniel Daley) be added as a defendant as (i) the addition will enable the Court to resolve all the matters in dispute; (ii) these are issues involving the Estate of Daniel Greenaway which are connected to the matters in dispute and it is desirable to add the new party with a view to resolving the issues. f5l The Applicant also applies to be appointed a representative of the Estate of DENYS DAN IEL GREEN/\ WAY.

[6]I shall grant the application to add the Estate of Daniel Greenaway as a defendant for the fo llowing reasons: This application is governed by Rule 19.3 of CPR 2000. Mr. Kelsick on behalf of the Claimant, in resisting the application argued that the applicant cannot establish locus standi. The applicant in his affidavit swore, among other things that he occupied and entered into possession of a portion ofBlock 14/4 Parcel 38 with his father Daniel Daley in about 1997 and remained in possession and occupation of the property up to the date of his father's death on 29 111 March 2005. The applicant also swore that the late Daniel Daley and him built a Wood Structure on portion of the land from their own resources and with the assistance of Montserrat Land Development Authority. He presently lives on this building which is situated at the western end of the land. I he dekndant 111 h1" \mended lkll:ncc -;;nd that Ins father Dan1d Dale;. ''a-.. the :--<'11 of ·\h1g.ail ()rccn,t\\a;. .t11d the brother o iThristiana l·ll;abl'th <..;kcrn tt. [ l'\ I h~.· defendant 111 h1" defence L'Ollll'lltkd that he ts cntitkd to iniH:n t h1s father·-.. tn tcre~t 111 the l.md. ll i-, father had 1)\ L'llnduct impliL·itl;. and Ctstcntl; ackn<''' kdgcd the dckndant as his '~<' 11 . [ 1) I ;\ lr. Kclsich: :.trgucd that the tklend.llll has IHI locu o.;tallllt ·1 here 1o.; !HI tndcpendcnt ptollr that he I'- the '1(111 or I ),mic! Dale; lt 1'- to ll1llld llltl'll'~ting "" 1!1 ht<., St,ltCll1Cllt of ci.ttlll the cJaJlllallt aJJcges that the dc!Cildant I 'I the tlieglt tlll<Jte SOil of Dantcl Dalcy. Jl 01 I thercfiJt'l' reject the contention that the defendant has no locus standt. In Ill\ con-.,iderL·d opinltlll the cstall: ,,r .\bigail ( in.:cnaway is at the ccnter 11 f thl· dispute. [ Ill In the premise thercfille the applicant 1s granted ka,·e to add the !·stalL' of Dcnys Dante! (,t-ccna\\ .1y as ,1 deli:ndant to the action and j.., appointed a~ a rcprcscntatt\ e ufthe sa1d I stale. / f I c //~ ~ .... ............. !..::: .. ~~ r\lhcrt Redhead High Court .I udgc

IN THE EASTERN CARIBBEAN SUPREME COUR IN THE HIGH COURT OF JUSTICE COLONY OF MONTSERRAT (CIVIL) A.D 2016 CLAIM NO. MNIHCV2015/0030 BETWEEN: APPEARANCES: KENNETH SILCOTT Applicant/Defendant and JOSEPH ABRAHAM SKERRITT (As the lawful executor of the Estate of Christiana Elizabeth Skerritt, deceased and trespass to land) Respondent/Claimant Mr. Kharl Markham for the Applicant Mr. Jean Kelsick for the Respondent 2016: April 4 2016: April 8 RULING [1 ] REDHEAD J. (ag): The Claimant Joseph Abraham Skerritt in his Fixed Date Claim filed on 7111 October 2015 seeks among other things a declaration that the Defendant Kenneth Silcott is a trespasser to land at Davy Hil l Parcel 38 Block 14/4 and that be, the defendant holds all rent collected by him in trust for the Claimant.

[2]The Claimant was the son of Christiana Elizabeth Skerritt who was the daughter of Abigail Greenaway. (3) In his Defence, the defendant alleged by paragraph 3 thereof that the he, the defendant is the son of late Daniel Daley and further stated that his father Daniel Daley was the son of the late Abigail Greenaway and the brother of Christiana Elizabeth Skerritt. The late Christiana Elizabeth Skerritt was by extension the aunt of the defendant. [ 4] The defendant alleged that his grandmother Abigail Greenaway made a Will on or about 4111 July 1975 and therein made devices of her real property at Davy Hill to her chi ldren John Greenaway, Mary Skerritt, Daniel Daley, Mary Tuitt and her grandson William Daley. (5) The defendant in his defence contended that his father Daniel Daley was one of the beneficiaries of Block 14/4 Parcel 38 and that he is entitled to inherit his father’s interest in the land. [ 4] The defendant, Kenneth Silcott, by his Counsel makes application to the Court for an Order that the Estate of Denys Daniel Greenaway (also referred to as the Estate of Daniel Daley) be added as a defendant as (i) the addition will enable the Court to resolve all the matters in dispute; (ii) these are issues involving the Estate of Daniel Greenaway which are connected to the matters in dispute and it is desirable to add the new party with a view to resolving the issues. f5l The Applicant also appl ies to be appointed a representative of the Estate of DENYS DANIEL GREEN/\ WAY.

[6]I shall grant the application to add the Estate of Daniel Greenaway as a defendant for the fo llowing reasons: This application is governed by Rule 19.3 of CPR 2000. Mr. Kelsick on behalf of the Claimant, in resisting the application argued that the applicant cannot establish locus standi. The app licant in his affidavit swore, among other things that he occupied and entered into possession of a portion ofBlock 14/4 Parcel 38 with his father Dani el Daley in about 1997 and remained in possession and occupation of the property up to the date of his father’s death on 29111 March 2005. The applicant also swore that the late Daniel Daley and him built a Wood Structure on portion of the land from their own resources and with the assistance of Montserrat Land Development Authority. He presently lives on this building which is situated at the western end of the land.